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(영문) 수원지방법원 안산지원 2018.04.18 2017고정1203

근로기준법위반등

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The Defendant is the actual management owner of “D” and “F” located in “D” and “F” located in “B” in luminous time, and the Defendant is a full-time employee in “D” and three employees in “F” and is engaged in food and beverage business.

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

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

Nevertheless, the Defendant did not pay KRW 22,725,80 in total as in the list of crimes in the attached Table, including KRW 1,825,800 in G, who worked from D to January 1, 2013 to August 15, 2015, as well as KRW 22,725,80 in total as in the list of crimes in the attached Table, and KRW 1,174,200 in total, as in the list of crimes in the attached Table, including KRW 7,464,523 in total, KRW 30,190,323 in total, as in the list of crimes in the attached Table, within 14 days from the date of retirement without agreement on the extension of the payment date between the parties.

2. An employer shall, if a worker retires, pay the retirement allowance within fourteen days after the cause for such payment occurred;

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

Nevertheless, the Defendant did not pay KRW 5,642,823 of G retirement pay from January 1, 2013 to August 15, 2015 within 14 days from the date of retirement without any agreement on the extension of the payment period between the parties.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness G and H;

1. Application of Acts and subordinate statutes on the details of overdue arrears;

1. Articles 109(1) and 36 of the Labor Standards Act for the relevant criminal facts (the fact that money and valuables are not liquidated) of the Act, Article 44 Subparag. 1, and Article 9 of the Act on the Guarantee of Workers’ Retirement Benefits (the fact that payment of retirement allowances is not made to G) [the wages and retirement allowances from October 2014 to August 2015 for workers].