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(영문) 의정부지방법원 2017.06.16 2016고단5290

근로기준법위반등

Text

Defendant shall be punished by a fine of KRW 300,000.

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

Reasons

Punishment of the crime

The defendant is the actual representative of the agricultural company C limited liability company in the Namyang-si, Gyeonggi-do, who operates a restaurant with eight full-time workers.

1. When a worker dies or retires from office, the employer who has violated the Labor Standards Act shall pay the wages, compensations, and all other money and valuables within 14 days from the date on which the cause for such payment occurred, unless the parties have agreed to extend the period of payment;

Nevertheless, the Defendant did not pay the total of KRW D’s wages of KRW 2,700,00 in June 10, 2015 and KRW 2,500,00 in May 9, 2016, as well as KRW 2,500 in May 2016, as well as KRW 2,50,00 in the same workplace where the said workplace had worked from May 5, 2016 to June 27, 2016 at the same workplace, within 14 days from each retirement day, even though there was no agreement between the parties on the extension of the payment date.

2. When a worker in violation of the Guarantee of Retirement Benefits of Workers retires, the employer shall pay the worker a retirement allowance within 14 days from the date of such retirement, unless otherwise agreed on the extension of the payment period;

Nevertheless, the Defendant did not pay KRW 2,500,000 of the retirement pay, which was worked from August 10, 2015 to August 9, 2016 at the said workplace, within 14 days from the date of retirement, even though there was no agreement between the parties on the extension of the payment date.

Summary of Evidence

1. Statement by the defendant in court;

1. A fact-finding certificate;

1. Application of Acts and subordinate statutes to a true statement;

1. Article 109 (1) and Article 36 of the Act on the Standards for Preliminary Labor, and Articles 44 subparagraph 1 and 9 of the Act on the Guarantee of Workers' Retirement Benefits (the point of unpaid retirement benefits and the choice of fines) concerning criminal facts;

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

1. Articles 70(1) and 69(2)1 of the Criminal Act to attract a workhouse.