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(영문) 광주지방법원 2017.06.15 2016고단5033

근로기준법위반등

Text

The sentence against the accused shall be determined by a fine of KRW 3,00,000.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

The defendant, as the representative of the Dispute Resolution D in Gwangju Mine-gu, is an employer who runs a manufacturing business using 25 full-time workers.

(a) When a worker dies or retires, the employer shall pay the wages, compensations, and all 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 KRW 23,838,721, total sum of 12 money and valuables within 14 days from each retirement date without agreement on the extension of the payment period between the parties, as well as KRW 5,953,03,039, including the sum of KRW 3,965,570, January 25, 201, E retired from the said workplace as an employee from January 15, 201, and KRW 1,594,460, and other money and valuables 393,009.

(b) Where an employee retires, an employer shall pay a retirement allowance 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 KRW 6,878,610, as well as KRW 3,361,979, retired from the said workplace as an employee from February 25, 2015 to August 16, 2016 at the same workplace, within 14 days from the date of each retirement without an agreement on the extension of the payment period between the parties, as stated in the list of crimes in the attached Form.

Summary of Evidence

1. Statement by the defendant in court;

1. Each petition of E, G, H, I, J, K, L, M, F,O,O, and P;

1. Application of the notified Acts and subordinate statutes to notify the details of unpaid benefits;

1. Relevant legal provisions concerning facts constituting an offense, Articles 109(1) and 36 of the Standard Labor Standards Act for the Selection of Punishment, Article 44 Subparag. 1, Article 44 Subparag. 1, and Article 9 of the Guarantee of Wage for Workers' Retirement (which means the failure to pay retirement), and each of the fines shall be selected.