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(영문) 대구지방법원 서부지원 2019.01.29 2018고정432

근로기준법위반등

Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

The defendant, as the representative of C in Daegu-gu, is an employer who runs a restaurant business (employed) with three full-time workers. A.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within 14 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 is working from February 10, 2017 to April 20, 2018 at the above workplace.

D's retirement allowance of KRW 6,813,600, including the weekly holiday allowance of KRW 64,000 on March 2017, was not paid respectively within 14 days from the date of retirement without any agreement between the parties on the extension of the due date, as shown in the attached list of crimes.

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

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

Nevertheless, the Defendant is working from February 10, 2017 to April 20, 2018 at the above workplace.

Retirement allowances of retired D 2,837,500 won, and from January 2, 2017 to April 20, 2018.

Retirement allowance of retired E was not paid KRW 2,851,380, total of KRW 5,688,880 within 14 days from the date of retirement without an agreement between the parties on extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements, - Trade Details, - Details of unpaid weekly holiday allowances, - Calculation of Average Wages and Retirement Benefits;

1. A written petition;

1. Application of Acts and subordinate statutes to confirmation of telephone, etc.;

1. Article 109 (1), Article 36 of the Labor Standards Act, Article 44 subparagraph 1, and Article 9 of the Guarantee of Workers' Retirement Benefits Act, each of the relevant laws on criminal facts;

1. Articles 40 and 50 of the Criminal Act for the ordinary concurrences;

1. Selection of each alternative fine for punishment;