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(영문) 의정부지방법원 2015.09.03 2015고정1058

근로기준법위반등

Text

1. Defendant shall be punished by a fine of 2,000,000 won;

2. Where the defendant does not pay the above fine. < Amended by Presidential Decree No. 16093, Jan. 1,

Reasons

Punishment of the crime

The Defendant is a user who runs the wholesale business of trucking goods by employing full time workers under the trade name of “C” in the Namyang-si, B and 1 of “C.”

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

Nevertheless, the Defendant is working for accounting from April 25, 201 to September 2, 2014 at the same place of business.

On September 2013, 2013, wages of 113,30 won of retired workers D did not be paid within 14 days from the date of retirement without any agreement between the parties on the extension of the due date.

(b) When a worker retires, the employer shall pay the retirement allowance within fourteen days after the cause for such payment occurred; and

Nevertheless, the Defendant is working in the above workplace for accounting from April 25, 2011 to September 2, 2014.

The retirement allowances of retired workers D, 4,091,946 won, and the retirement allowances of retired workers E, from November 1, 201 to July 31, 2014, were not paid within 12,856,090 won, without any agreement between the parties on the extension of the due date.

Summary of Evidence

1. Each written appeal filed by the defendant E and D;

1. Application of the Acts and subordinate statutes of each retirement allowance calculation sheet (E, D);

1. Article 109(1) and Article 36 of the Labor Standards Act applicable to the relevant facts constituting an offense (the fact that money or goods are not liquidated), Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (the fact that retirement allowances are not paid);

1. Articles 40 and 50 (Offense of Violating the Labor Standards Act and Crimes of Violating the Guarantee of Workers' Retirement Benefits Act against D) of the Commercial Concurrent Crimes.

1. Selection of each alternative fine for punishment;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and the proviso of Article 50 and Article 42 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334(1) of the Criminal Procedure Act provides that the defendant shall submit the provisional payment order.