beta
(영문) 대구지방법원 2015.09.18 2015고단1809

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 the actual manager of the C Co., Ltd. in the old and American City C Co., Ltd., who employs 30 full time workers and operates the temporary agency business.

1. When a worker dies or retires, the employer in violation of the Labor Standards Act shall pay the wages, compensations, and all other money and valuables within fourteen 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, at the above workplace, worked from March 5, 2007 to August 31, 2014, and retired from the workplace, did not pay 21,172,100 won in total for five retired workers within 14 days from the date of retirement, as described in Nos. 3 through 7 of the details of the payment of money and valuables, as well as 1,250,000 won in March 5, 2014.

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

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

Nevertheless, the Defendant, at the above workplace from March 5, 2007 to August 31, 2014, did not pay 12,557,120 won, including 9,376,290 won of retirement pay D's retirement pay to retired workers, within 14 days from the date of retirement, without any agreement on the extension of the due date between the parties concerned, as described in the Nos. 3 and 4 of the details of payment of the attached money and valuables.

Summary of Evidence

1. Statement of the suspect interrogation protocol of the accused by the prosecution;

1. Statement of the police statement regarding E;

1. Application of each statute stated in the place of business, full certificate of registered matters, detailed statement of calculation of overdue money and valuables, average wages and retirement allowance calculation statement, and salary table;

1. Article 109(1) of the relevant Act and Article 109(1) of the Labor Standards Act concerning criminal facts;