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(영문) 의정부지방법원 2019.07.17 2019고단1809

근로자퇴직급여보장법위반등

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

If the defendant fails to pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a representative C in both weeks, who is engaged in the manufacturing industry with six full-time workers. A.

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

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

Nevertheless, the Defendant did not pay KRW 2,60,000,00 in the aggregate of D’s wages of February 2018 and the unpaid wages of KRW 2,50,000 in March 2018, which were worked from August 4, 2016 to March 30, 2018 at the above workplace, within 14 days from the date when the cause for payment occurred, without agreement between the parties to the extension of the due date.

(b) Where a worker dies or retires, the employer shall pay the retirement allowance within fourteen days after the cause for such payment occurred;

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

Nevertheless, the Defendant did not pay KRW D retirement allowances of KRW 3,116,438, working from August 4, 2016 to March 30, 2018 at the same place of business within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without agreement between the parties to the extension of the due date.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement law to D;

1. Articles 109(1) and 36 of the former Labor Standards Act (Amended by Act No. 15108, Nov. 28, 2017; Act No. 15108, May 29, 2018); Articles 44 subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act

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

1. Selection of an alternative fine for punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act, which the defendant agreed in the course of criminal conciliation after the prosecution of this case.