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(영문) 인천지방법원 2016.02.16 2015고정3807

근로기준법위반등

Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a C representative with the head office set forth in B and 18 Dong 202 during Ansan-si, who is an employer who runs retail business with three full-time workers at D duty-free shops within the Incheon International Airport Passenger Terminal in Jung-gu, Incheon.

(a) When a worker dies or retires, the employer shall pay the wages, compensations, and all other money or valuables within 14 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 employed the said workplace as a seller of goods from September 15, 2012 to July 31, 2015, and did not pay KRW 1,290,320 of the E retired from the said workplace within 14 days from the date of retirement without agreement between the parties to the extension of the payment deadline.

(b) An employer shall pay a retirement allowance within 14 days after the grounds for payment occur, if the employee retires;

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

Nevertheless, the defendant worked in the above workplace from September 15, 2012 to July 31, 2015 and did not pay the total of KRW 5,628,350 of E retirement pay and KRW 7,347,95 of the FF retirement pay from May 6, 2014 to June 11, 2015, within 14 days from each retirement date without agreement between the parties to the extension of the payment date.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of E and F;

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

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

1. Selection of an alternative fine for punishment;

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

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