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(영문) 수원지방법원 안산지원 2015.03.10 2014고정663

근로기준법위반등

Text

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

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

Reasons

Punishment of the crime

The Defendant is a user who operates a “D” restaurant in the light name C.

1. An employer in violation of the Labor Standards Act shall, in case where a worker dies or retires, pay the wages, compensations, and all other money or valuables within fourteen days after the cause for such payment occurred, and in special circumstances, the period may be extended by mutual agreement between the parties concerned;

Nevertheless, the Defendant retired after having worked in the above restaurant from April 1, 201 to May 8, 2013, but had re-entered on May 22, 2013, and had worked until January 29, 2014, and had not paid KRW 6,300,000 within 14 days from the date of retirement without an agreement between the parties to the extension of the payment deadline. < Amended by Act No. 11747, Oct. 10, 2013; Act No. 1800, Nov. 1, 2013; Act No. 11800, Dec. 1, 2013; Act No. 12800, Jan. 1, 2014; Act No. 12300, Jan. 2, 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 in case where there exist special circumstances, the period may be extended by mutual agreement between the parties concerned.

Nevertheless, the Defendant, while working in the above restaurant from April 1, 201 to May 8, 2013, did not pay the retirement allowance of KRW 2,186,928 of the retired workers E within 14 days from the date of retirement without an agreement between the parties to the extension of the payment date.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes of the E’s written statement and written petition;

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

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

1. Selection of an alternative fine for punishment;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;