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(영문) 대구지방법원 2015.06.26 2015고정455

근로기준법위반등

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The defendant is a business owner who is a manager of the Dispute Resolution D in Gyeonggi-si, and has been engaged in the mutual savings business using seven full-time workers, and is an employer.

1. When a worker dies or retires, an employer of money or valuables liquidation (violation of the Labor Standards Act) shall pay the worker wages, accident compensations, and all other money or valuables within fourteen 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 works in the above workplace.

On October 1, 2013, E’s retired on July 201, 2013, wages of KRW 2,300,000, wage of KRW 2,300,000 on August 201, 2013, and wage of KRW 2,30,000 on September 2, 2013 due to special circumstances, the payment was not extended by an agreement between the parties, and the payment was not made within 14 days from the date on which the cause for the payment occurred.

2. Where an employer retires a worker, he/she shall pay a retirement allowance within 14 days from the time when grounds for such payment have occurred;

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

Nevertheless, the defendant works in the above workplace.

On October 1, 2013, E's retirement pay of KRW 4,253,420, which was retired on October 1, 2013, was not paid within 14 days from the date on which the cause for the payment occurred without extending the due date by an agreement between the parties.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of special judicial police officer to E;

1. Application of Acts and subordinate statutes to a written confirmation of details of transactions of entry and withdrawal, details of transactions of entry and withdrawal, results of inquiry into details of transactions of entry and withdrawal, average wages and written calculation of retirement allowances

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

1. Trade name;