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(영문) 대구지방법원 김천지원 2018.03.15 2017고단546

근로기준법위반등

Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who is a manager of the office in the Gu and the Si (state) CD located in the Gu and operates a restaurant business using six full-time workers.

1. When a worker dies or retires, an employer in violation of the Labor Standards Act shall pay him/her wages, compensations, or other money or valuables within 14 days after the cause for such payment occurred;

Nevertheless, the Defendant had worked from January 17, 2015 to April 17, 2016 at the said workplace and had not paid KRW 850,000 of the retired employee E’s wages in April 2016, and had not paid KRW 4,694,90 in total for six workers, as shown in the attached Table “the details of the overdue payment” in the same manner, did not pay the same within 14 days from the date when the cause for the payment occurred without an agreement between the parties on the extension of the payment date.

2. An employer who violates the Guarantee of Retirement Benefits of a worker shall pay a retirement allowance within fourteen days after the ground for such payment occurred, in case where the worker retires; and

Nevertheless, the Defendant did not pay KRW 1,868,760 of the Workers E’ Retirement Allowance, and did not pay KRW 5,237,520 in total for three employees, such as the previous “the details of overdue arrears” in the attached Table, within 14 days from the time when the grounds for payment occurred without agreement on the extension of the payment deadline between the parties.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Complaint (E and five others);

1. Details of account transactions, calculation of retirement allowances, application of Acts and subordinate statutes on service marks;

1. Article 109(1) and Article 36 of the Labor Standards Act for the relevant Act on criminal facts, and Article 44 Subparag. 1 and Article 9 of the Guarantee of Retirement Benefits for each Workers;

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. The order of provisional payment;