beta
(영문) 대구지방법원 포항지원 2015.11.16 2015고정34

근로기준법위반등

Text

Defendant shall be punished by a fine of 2.5 million won.

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

Reasons

Punishment of the crime

The Defendant, as the actual manager of CF in South-gu CG located in South-gu at port, is an employer who runs educational services by employing ten full-time workers.

When a worker retires, the employer shall pay the wages, compensations, and other money or valuables within fourteen days after the cause for such payment occurred.

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

Nevertheless, the Defendant did not pay 8,279,161 won in total, including 36,863 won on April 29, 2013 of D's retirement on June 29, 2013, 3,181,296 won on May 2013, 2013, 3,605,469 won on June 12, 2013, and 3,605,469 won on April 12, 2014, and 8,279,161 won on April 14, 2014 of E's retirement worker E who retired on April 12, 2014, within 14 days from the date of retirement without any agreement on the extension of the due date between the parties.

(b) When a worker retires, the employer shall 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 extenuating circumstances.

Nevertheless, the Defendant did not pay KRW 12,630,762, as of June 29, 2013 at the same place of business, KRW 12,630,762, as of November 25, 2013, KRW 2,014,890, and KRW 12,630,762, including three retirement allowances of retired workers E on April 12, 2014, without agreement on extension of the due date between the parties.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Each police statement of the F, E, and D;

1. Application of each relevant statute;

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

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

1. Selection of each alternative fine for punishment;

1. The former part of Article 37 and Article 38 of the Criminal Code to increase concurrent crimes.