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(영문) 인천지방법원 2020.05.14 2019고단9681

근로기준법위반등

Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

The defendant is the actual manager of C in Seopo-si B, Seopo-si, Seopo-si, who runs hotel business with 20 full-time workers.

1. When a worker retires, the employer in violation of the Labor Standards Act shall pay all money and valuables, such as wages, within fourteen days after the cause for such payment occurred;

Nevertheless, the Defendant worked in the foregoing workplace from around November 5, 2015 to June 30, 2017 at the same workplace, and worked in the workplace from around June 5, 2017 to around June 30, 2017, and did not pay KRW 8,62,00 in the aggregate of KRW 6,730,00 of the wages of retired workers D and annual allowances of KRW 1,932,00, < Amended by Act No. 1932, Apr. 1, 2016; Act No. 1064, Mar. 370, 207; Act No. 13587, Dec. 16, 2015; Act No. 14555, Oct. 1, 2017; Act No. 8478, Jul. 27, 2017; Act No. 8577, Oct. 28, 2017>

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 any cause for such payment occurred; and

Nevertheless, the Defendant did not pay KRW 13,632,778, respectively, within 14 days from the date of retirement, without any agreement between the parties on the extension of the due date for payment, as well as KRW 13,61,632,778, which the Defendant had worked and retired from the above workplace. < Amended by Act No. 1357, Mar. 3, 193, 193,120; Act No. 4668, Mar. 8, 2006>

Accordingly, the defendant did not pay a total of 30,641,825 won to the victims.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to E by the police;

1. Each written petition, written statement, or written confirmation;

1. The fact that a written agreement was made between D and C representative director H as of August 4, 2018, is prepared between D and C representative director.