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(영문) 수원지방법원 평택지원 2019.10.25 2019고정326

근로기준법위반등

Text

Defendant shall be punished by a fine of KRW 2,500,000.

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

Reasons

Punishment of the crime

The defendant is an employer who operates screen manufacturing business with 32 full-time workers in the trade name of Osan-si D Co., Ltd.

1. Violation of the Labor Standards Act;

(a) Wages shall be paid at least once a month on a fixed date;

From July 1, 2017, the Defendant did not pay KRW 1,896,410 in total to three workers on a fixed date at least once a month, as stated in the attached Table Nos. 2, 3, and 5, as indicated in the attached Table of Crimes, at least once a month, for the period of 1,896,410 in October 2018, as well as for the payment of KRW 5,785,112 to three workers at least once a month.

(b) When a worker dies or retires, the employer shall pay the wages, compensations, and all other money and valuables within fourteen days after the cause for such payment occurred;

The Defendant worked in the said workplace from January 1, 201 to October 31, 2018, and did not pay KRW 1,343,920 of his/her retired workers G in October 2018 within 14 days from the date of his/her retirement without agreement between the parties to the extension of the payment date.

2. An employer who violates the Guarantee of Workers' Retirement Benefits Act shall, in case where a worker retires, pay the retirement allowance within fourteen days after the cause for such payment occurred; and

The Defendant had worked in the foregoing workplace from January 1, 201 to October 31, 2018 and did not pay KRW 22,907,339 of G retirement allowances of retired workers within 14 days from the date of retirement without any agreement on extension of the payment deadline.

Summary of Evidence

1. Defendant's legal statement;

1. Report on criminal place and report on the result of labor supervision;

1. Application of the statutes governing the calculation of G retirement allowances;

1. Articles 109(1), 43(2) of the Labor Standards Act (which refers to unpaid days of regular payment of wages), 109(1) and 36 of the Labor Standards Act (which refers to unpaid wages), Article 44 Subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act (which refers to unpaid retirement allowances);

1. Commercial concurrence;