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(영문) 부산지방법원 서부지원 2019.08.23 2019고정274

근로기준법위반등

Text

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

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

Reasons

Punishment of the crime

The defendant is the representative director of Gangseo-gu Busan Metropolitan Government (State)C, who is an employer as a person in charge of operating a manufacturing business with 120 full-time workers.

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

Nevertheless, the Defendant did not pay KRW 36,60,335 in total for four workers, such as wages and retirement allowances, within 14 days from the date of retirement of each worker, to D who worked from January 1, 2015 to April 20, 2018, including payment of KRW 14,448,170 in total as wages, annual allowances, bonuses from around January 1, 2018 to April 20 of the same year, and retirement allowances of KRW 12,249,919 in the attached crime list.

Summary of Evidence

1. Defendant's legal statement;

1. Each petition of E, D, F, and G;

1. The details of the arrears, the details of the arrears, and the details of the provisional payment (57 pages of the investigation record), the details of calculation of the retirement benefits (11), the details of the transfer of benefits, the details of subscription to the retirement pension, the details of each transfer, the calculation of the retirement pension (13 persons), the detailed statement of unpaid money and other valuables for each individual (20 persons), the detailed statement of unpaid money and other valuables for each individual (12 persons) and the application of Acts

1. Article 109 (1), Article 36 of the Labor Standards Act concerning criminal facts, Article 44 subparagraph 1, and Article 9 of the Guarantee of Workers' Retirement Benefits Act (a point of payment of retirement allowances);

1. Articles 40 and 50 of the Criminal Code of Trade Competition (D's violation of the Labor Standards Act, between violations of the Guarantee of Workers' Retirement Benefits Act, and punishment provided for a violation of the Labor Standards Act with heavier punishment);

1. Selection of each alternative fine for punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act is that the Defendant paid wages or retirement allowances of a considerable portion, although the Defendant did not agree with the workers.