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(영문) 춘천지방법원 2020.11.25 2020고단854

근로기준법위반등

Text

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

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

Reasons

Punishment of the crime

The defendant is the representative director of H, a company located in Chuncheon City F building G, who employs 12 full-time workers and conducts construction machinery management 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 in special circumstances, the date may be extended by mutual agreement between the parties.

Nevertheless, the Defendant, at the above workplace from April 4, 2014 to October 31, 2018, did not pay the above employee within 14 days from the date of his/her retirement without any agreement on the extension of the due date for payment between the parties concerned, while serving as an on-site management employee and retired employee I’s wage of October 9, 2018, 594,960 (monthly wage of 3,297,480).

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 upon the agreement between the parties if special circumstances exist.

Nevertheless, the Defendant, at the above workplace from April 4, 2014 to October 31, 2018, worked as a field management employee and did not pay 14,776,723 won of retirement allowances of retired workers I within 14 days from the date of retirement of the above worker without an agreement on the extension of the payment date between the parties concerned.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police officer to I;

1. Application of Acts and subordinate statutes to the calculation of average wages and retirement allowances to I;

1. Article 109 (1) and Article 36 of the Labor Standards Act related to criminal facts, and Article 44 subparagraph 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (a point of not paying retirement allowances);

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

1. The defendant's reasons for imposing selective fines in total shall be 21,371,6830 won.