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(영문) 수원지방법원 2020.11.13 2020고정1546

근로기준법위반등

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant is the representative of the Dispute Resolution Co., Ltd. which has a place of business in the Slified City B and is an employer who conducts a manufacturing business using 17 regular workers.

1. When a worker dies or 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 may be extended by mutual agreement between the parties in extenuating circumstances.

The Defendant did not pay KRW 6,047,968, which was the sum of KRW 2,409,825, Sept. 15, 2014 to November 22, 2019 of D who worked in the said workplace from December 15, 2014 to November 22, 2019; KRW 2,174,528, Oct. 1, 2019; KRW 1,463,615, Nov. 1, 2019; and KRW 6,047,968, within 14 days from the date of retirement without any agreement between the parties on the extension of the due date.

2. 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.

The Defendant did not pay KRW 11,203,967 of D retirement pay from the date of retirement to November 22, 2019 at the same place of business, without any agreement between the parties on the extension of the payment date between the parties concerned, within 14 days from the date of retirement.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Written complaints and statements of D;

1. Application of Acts and subordinate statutes on the calculation of retirement allowances;

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

1. Selection of a fine for elective punishment under Articles 40 and 50 of the Criminal Act among the ordinary concurrent crimes;

1. Article 59 (1) of the Criminal Act (Article 59 (1) of the suspended sentence (Article 59 (1) of the Criminal Act (Article 59 (1) of the same Act (Article 2 million won of a fine and custody in exchange): 100,000 won per day conversion); Considering