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(영문) 춘천지방법원 강릉지원 2018.07.05 2018고단43

근로기준법위반등

Text

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

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

Reasons

Punishment of the crime

The defendant is the representative of the headquarters, etc. of the head office in Gangnam-si B, who is a full-time worker and operates beauty business using ten 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;

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

Nevertheless, during the period from February 1, 2010 to January 19, 2016, the Defendant did not pay KRW 1,738,612 to retired workers D on January 1, 2016, without any agreement between the parties on the extension of the payment deadline.

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

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

Nevertheless, during the period from February 1, 2010 to January 19, 2016, the Defendant did not pay KRW 18,344,850 of the retirement allowances of retired workers D within 14 days from the date of retirement without any agreement between the parties on the extension of the payment deadline.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D and E;

1. Application of Acts and subordinate statutes to make a report on research data;

1. Articles 109(1) and 36 of the Labor Standards Act for the relevant Act on criminal facts, and subparagraphs 1 and 9 of Article 44 of the Guarantee of Workers' Retirement Benefits Act (which shall not be paid for retirement);

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

1. Selection of an alternative fine for punishment;

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

1. Judgment on the assertion by the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act