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(영문) 광주지방법원 2017.11.29 2017고정1214

근로기준법위반등

Text

The sentence against the accused shall be 1.5 million won.

If the defendant does not pay the above fine, 100,000.

Reasons

Punishment of the crime

The defendant is a person who operates a restaurant in the Gwangju Mine-gu B building.

1. When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred;

Provided, That the date may be extended by an agreement between the parties in extenuating circumstances.

However, the Defendant did not pay 3,50,000 won in total, including C’s wage 1,050,000, and D’s wage 2,50,000,000, retired from the said workplace from March 24, 2013 to December 15, 2016, within 14 days from the date of retirement without agreement on the extension of the payment period between the parties.

2. An employer shall, when a worker dies or retires, pay the retirement allowance within 14 days after the cause for such payment occurred;

Provided, That the date may be extended by an agreement between the parties in extenuating circumstances.

However, the Defendant did not pay KRW 3,422,320 of retirement allowances of C retired from office from March 24, 2013 to December 15, 2016, within 14 days from the date of retirement without agreement on the extension of the payment period between the parties.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of laws and regulations on police statements made to C and D;

1. Article 109(1) and Article 36 of the Labor Standards Act applicable to the facts constituting a crime (the fact that each money or goods is not liquidated), Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (the fact that the payment of retirement benefits is not made);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each alternative fine for punishment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;