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(영문) 창원지방법원 2019.08.29 2019고정45

근로기준법위반등

Text

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

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

Reasons

Punishment of the crime

The defendant is the actual representative of C in Kimhae-si, who is engaged in the automobile parts manufacturing business by using five full-time workers.

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

Nevertheless, the Defendant had worked from May 3, 2017 to May 25, 2017 at the said workplace and had retired workers D’s wage balance of 781,060 won, from January 19, 2014 to August 17, 2018, and had retired workers E’ retirement pay of 11,291,030 won, and from December 31, 2016 to September 11, 2018, the Defendant did not pay three retired workers’ wage and retirement allowances of 15,842,750 won, including three retirement allowances and retirement allowances of 936,660 won, and retirement allowances of 2,834,00 won, without any agreement on the extension of payment period between the parties concerned.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of witness E;

1. Each written complaint, each written complaint, and each written statement;

1. The defendant's assertion and judgment on each benefit statement and each retirement allowance calculation statement

1. Regarding the facts charged in relation to the Defendant’s alleged workers E, the Defendant and E agreed to pay retirement allowances in advance in monthly installments upon entering into the instant employment contract, and the Defendant also paid retirement allowances when paying monthly wages to E in accordance with the aforementioned installment payment agreement.

In addition, E was absent from work without permission for the period from January 19, 2014 to April 19, 2014, and for 15 days from April 25, 2016 to May 12, 2016, and therefore there is no retirement allowance corresponding to each of the above periods.

2. The agreement to pay, in advance, a certain amount of money with a retirement allowance, along with a monthly salary or daily allowance paid by the determination employer and the employee. (hereinafter “retirement allowance installment agreement”).