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(영문) 대구지방법원 2015.01.28 2014고정2438

근로기준법위반등

Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is the representative of Daegu Dong-gu C, who is an employer who runs a manufacturing business with 25 regular workers.

1. Where a worker dies or retires, the employer in violation of the Labor Standards Act (which means a failure to pay the annual leave allowance) shall pay the wages, compensations, and all other money and 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.

Nevertheless, the Defendant had worked from October 28, 2008 to March 15, 2014 at the above workplace, and had not paid KRW 2,184,000 within 14 days from the date of retirement without an agreement on the extension of the due date between the parties concerned.

2. Where a worker retires, an employer in violation of the Guarantee of Workers' Retirement Benefits Act (which has not been paid a retirement allowance) shall pay the worker a retirement allowance within 14 days from the date when the cause for payment occurred

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

Nevertheless, the defendant works in the above workplace.

On March 16, 2014, retirement allowances of retired workers E, 8,915,178 won was not paid until 14 days from the date of retirement without agreement between the parties to the extension of the payment date.

Summary of Evidence

1. Legal statement of witness E;

1. The police questioning protocol (including the part concerning the statement of the E) of the defendant;

1. Statement of complainants of the police for E;

1. A written calculation of average wages and retirement allowances;

1. Each retirement allowance settlement statement, each loan and provisional payment certificate, each wage ledger, each employment contract, and each work book;

1. Application of Acts and subordinate statutes governing recording records;

1. Article 109 (1), Article 36 of the Labor Standards Act on criminal facts, Article 44 subparagraph 1, and Article 9 of the Guarantee of Workers' Retirement Benefits Act (a point of not paying retirement allowances);

1.Article 40 of the Criminal Code of Trade and Trade.