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(영문) 수원지방법원 안산지원 2017.05.31 2017고단218

근로기준법위반등

Text

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

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

Reasons

Punishment of the crime

The defendant is a person who operates the Construction Business Chain Co., Ltd., and employs ten full-time workers on the 3rd floor of Ansan-si.

1. When an employer violating the Labor Standards Act retires, he/she shall pay wages, compensations, and all other money and valuables, unless the parties have agreed to extend the fixed date, due to special circumstances, within 14 days after the cause for such payment occurred;

From January 5, 2004 to August 26, 2016, the Defendant did not pay 15,307,752 won in total, including 14,352,965 won in total, and 14,352,965 won in total, among employees who were retired from the said workplace on May 13, 2014 to September 30, 2016, 15,307,752 won in total, including G wages of those who were retired from the said workplace, within 14 days from the date of retirement without any agreement between the parties on the extension of the date.

2. An employer who violates the Act on Guarantee of Retirement Benefits of Workers shall, in case where a worker retires, pay the retirement allowance within fourteen days after the cause for such payment occurred, unless otherwise agreed by the parties concerned on the extension of the fixed date.

Defendant 75,398,793 of the above F’s retirement allowance, 6,236,636 of the above G’s retirement allowance, and 94,095,128 of the retirement allowance of employees H, who were employed in the above workplace on December 1, 2006 through July 31, 2016, did not pay 14 days from the date of retirement without any agreement between the parties on the extension of the due date.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the F and H;

1. Application of the statutes governing the settlement of retirement allowances;

1. Articles 109(1) and 36 of the Labor Standards Act concerning facts constituting an offense, as prescribed by the relevant Act, subparagraph 1 of Article 44 of the Guarantee of Workers' Retirement Benefits Act, and Articles 9 of the same Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (limited to a violation of each Labor Standards Act for the same worker, and a violation of each Labor Standards Act for the same worker, and a violation of the Guarantee of Retirement Benefits of Workers);

1. Each selective fine for punishment;