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(영문) 대전지방법원천안지원 2020.11.27 2020고단2199

근로기준법위반등

Text

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

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

Reasons

Punishment of the crime

The defendant is the actual manager of C in Asia-si, Asan-si, who runs the automobile parts manufacturing business using two regular workers.

1. When a worker dies or retires, the employer in violation of the Labor Standards Act shall pay the worker wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred;

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

The Defendant, at the same place of business, worked from April 1, 2014 to April 30, 2019, and paid KRW 2,060,180 to retired workers D in April 2019 as well as KRW 5,432,112 of the total wages of four retired workers as indicated in the attached crime list, respectively, within 14 days from the date of each retirement, without agreement between the parties to the extension of the due date.

2. An employer who violates the Guarantee of Workers' Retirement Benefits Act shall, in case where a worker retires, pay the retirement allowance within fourteen days after the cause for such payment occurred; and

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

The Defendant did not pay retirement allowances of KRW 27,494,245 in total for three retired workers, including KRW 6,655,656 of the aforementioned D retirement allowances, within 14 days from the date of each retirement without agreement between the parties to the extension of the due date, as shown in the list of crimes in the attached Table.

Summary of Evidence

1. Defendant's legal statement;

1. Each written appeal filed by E, F and G, and D's report on delayed payment of wages;

1. Business registration certificate, each average wage and retirement allowance calculation statement, detailed details of the overdue wage, wage statement, retirement income receipt, withholding tax receipt, statement of payment of retirement allowance, statement of payment of wage and salary income, statement of payment of wages, copy of passbook and passbook thereof, report on the data obtained respectively, and application of Acts and subordinate statutes

1. Article 109(1) of the Labor Standards Act concerning criminal facts