beta
(영문) 의정부지방법원 고양지원 2016.05.27 2016고단275

근로기준법위반등

Text

Defendant shall be punished by a fine of two million won.

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

Reasons

Punishment of the crime

The defendant is the representative D in Gangseo-gu Seoul Metropolitan Government, who ordinarily employs 41 full-time workers and operates the bread and the fruit wholesale business.

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

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

Nevertheless, the Defendant did not pay the total of 14,170,000 won of five wages, such as the details in the list of crimes (excluding B), including the total of 4,430,000 won of wages E of retired workers who worked in the above workplace, within 14 days from the date of retirement without agreement on the extension of the payment deadline between the parties.

(b) An employer shall pay a retirement allowance within 14 days after the grounds for payment occur, if the employee retires;

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

Nevertheless, the defendant did not pay 3,188,965 won in total, including 1,194,643 won of retirement allowance E of retired workers who worked in the above workplace, and 3,188,965 won in total, as shown in the list of crimes (excluding B) in attached crimes, within 14 days from the date of retirement without agreement on the extension of payment date between the parties.

Summary of Evidence

1. Statement by the defendant in court;

1. A written examination of suspect by the supervisor of labor of the special judicial police officer against the accused;

1. Application of Acts and subordinate statutes to each fact-finding statement;

1. Article 109 (1) and Article 36 of the Act on the Standards for Preliminary Labor, and Article 44 subparagraph 1 and Article 9 of the Act on the Guarantee of Workers' Retirement Benefits;

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 of the Provisional Payment Order dismissed part of the prosecution by the defendant is 35,480 won and retirement pay 5,107.