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(영문) 인천지방법원 2016.02.11 2015고단7593

근로자퇴직급여보장법위반등

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 an employer who employs 14 full-time workers in Seo-gu Incheon and operates F (State).

When a worker retires, an employer shall pay the wages, compensations, and other money or valuables within 14 days thereafter, and shall pay him/her a retirement allowance within 14 days after the cause for such payment occurred.

Nevertheless, the Defendant did not pay the wages and retirement allowances of 10,263,703 won and retirement allowances of 7,724,910 won for retired workers G from the said workplace from February 7, 201 to September 8, 2013, within 14 days from the date of the occurrence of the reason for retirement or payment, and did not pay the wages and retirement allowances of 2 employees in total within 14 days from the date of each retirement or the date of the occurrence of the reason for payment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. A complaint (G and other 4);

1. Application of Acts and subordinate statutes to the details of unpaid money and valuables and the details of benefits;

1. Article 109(1), Article 36 (Selection of Fines, etc.) of the Labor Standards Act concerning facts constituting an offense, and Article 44 Subparag. 1, and Article 9 of the Guarantee of Workers' Retirement Benefits Act (the fact that each retirement pay is unpaid, the selection of fines, etc.);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

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

1. It is so decided as per Disposition by taking into account the fact that there is a record of fines of the same kind for the reasons for sentencing of Article 334(1) of the Criminal Procedure Act, and the total amount of unpaid wages and retirement allowances.

Rejection of Public Prosecution

1. The summary of the facts charged is an employer who employs 14 full-time workers in Seo-gu Incheon, Incheon and operates F (State).

When a worker retires, an employer shall pay the wages, compensations, and other money or valuables within 14 days thereafter, and within 14 days after the cause for such payment occurred.