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(영문) 수원지방법원 안양지원 2016.08.31 2016고정501

근로기준법위반등

Text

Defendant shall be punished by a fine of KRW 80,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The Defendant is an employer who engages in the business of manufacturing electronic parts under the trade name of an nine full-time workers in Ansan-gu B and B, and B and 203.

1. When a worker dies or retires, an employer in violation of the Labor Standards Act shall pay him/her wages, compensations, or 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 did not pay 14 days from the date of his retirement to July 31, 2015, total of KRW 460,000 for the amount of wages of May 2015 and KRW 960,000 for the amount of wages of June 2015, as well as KRW 500,000 for the extension of the payment period, without agreement between the parties.

2. An employer who violates the Guarantee of Retirement Benefits of a worker shall pay a retirement allowance within fourteen days after the ground for such payment occurred, in case where the worker retires; and

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

Nevertheless, the Defendant did not pay 6,331,914 won, including 1,847,288 won of retirement allowance D of employees as set forth in the above paragraph 1, and 1,727,383 won of retirement allowance E of retired workers at the same workplace from November 1, 2013 to February 28, 2015, and 203 won of retirement allowance of workers F, 2,757,243 won, and 6,331,914 won, including 2,757,243 won, from June 10, 2013 to February 28, 2015, to employees who retired from the workplace without agreement between the parties.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements prepared in D;

1. Application of the respective Acts and subordinate statutes of the E and F documents;

1. Article 109(1) and Article 36 of the Labor Standards Act concerning facts constituting an offense (Article 109(1) and Article 44 Subparag. 1 of the Act on the Guarantee of Retirement of Workers.