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(영문) 수원지방법원여주지원 2020.09.15 2020고단389

근로기준법위반등

Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The Defendant, as the representative director of the “C” in Echeon-si, is an employer who runs a manufacturing business with 15 regular workers.

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

Nevertheless, the Defendant provided labor from January 4, 2010 to July 13, 2018 at the above workplace and retired from D’s wages of KRW 2,500,000 on July 7, 2016 and did not pay KRW 38,802,287 for two workers within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without agreement on the extension of payment between the parties.

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

Nevertheless, the Defendant provided labor from January 4, 2010 to July 13, 2018 at the above workplace and did not pay KRW 45,256,089 as well as KRW 33,582,962 of D retirement pay to two employees, as shown in the list of crimes in the attached Table, within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without agreement between the parties on the extension of the payment.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes of D's written complaints, E's written complaints, and D's written statements;

1. Article 109 (1) and Article 36 of the Labor Standards Act, Article 44 subparagraph 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act concerning facts constituting an offense;

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

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

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

1. The grounds for sentencing under Article 62(1) of the Criminal Act are as follows, and the defendant is against the law.