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(영문) 의정부지방법원 2016.08.03 2016고단1062

근로기준법위반등

Text

Defendant shall be punished by a fine of KRW 2,500,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The defendant is a representative D in both weeks, who is a full-time worker, and operates a nuclear power plant manufacturing business using eight full-time workers.

1. An employer in violation of the Labor Standards Act shall, when a worker dies or retires, pay the wages, compensations, and all other money and valuables within 14 days after the cause for such payment occurred, unless the parties have agreed on the extension of the due date for payment;

Nevertheless, the Defendant did not pay the wages of KRW 6,00,00,000 as the total amount of KRW 2,800,000 in May 2015, 2015, the monthly wage of KRW 2,800,000 in June, and the monthly wage of KRW 2,800,000 in July, without agreement between the parties on the extension of the payment date, within 14 days from the date of retirement.

2. When a worker dies or retires, the employer who violates the Guarantee of Retirement Benefits of the worker shall pay the worker a retirement allowance within fourteen days after the cause for such payment occurred, unless the parties have agreed to extend the due date of payment;

Nevertheless, the Defendant did not pay KRW 9,207,979 of the victim E's retirement pay from March 22, 2012 to July 31, 2015 at the same place of business within 14 days from the date of retirement without any agreement between the parties on the extension of payment deadline.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Application of Acts and subordinate statutes to the calculation of average wages and retirement allowances;

1. Articles 109(1) and 36 of the Labor Standards Act for the relevant Act on criminal facts, and subparagraphs 1 and 9 of Article 44 of the Guarantee of Workers' Retirement Benefits Act (which shall not be paid for retirement);

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

1. Selection of an alternative fine (the amount of unpaid wages and retirement allowances, the background leading to the instant crime, the record of the relevant crime, etc. shall be selected and determined in consideration of such amount);

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

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