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(영문) 인천지방법원 2018.12.06 2018고정1833

근로기준법위반등

Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant, as the representative director of the corporation D, which is located in the Nam-gu Incheon Metropolitan City, is an employer who runs a department store using ten full-time workers.

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

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

Nevertheless, Defendant 2 worked in the said workplace from August 21, 2004 to May 20, 2017 and retired from the said workplace, and did not pay KRW 2,481,450 of the wages of May 201, 2017, and KRW 4,627,850 of the retired capital from August 21, 2004 to May 20, 2017, without agreement between the parties on the extension of the payment date, within 14 days from the date on which the grounds for payment occurred.

2. An employer shall, if a worker retires, pay the retirement allowance within fourteen days after the cause for such payment occurred;

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

Nevertheless, the defendant employed in the above workplace from August 21, 2004 to May 20, 2017 and did not pay the retirement pay of KRW 29,996,930, and the retirement pay of KRW 23,916,150 from August 21, 2004 to May 20, 2017 as well as the total of KRW 53,913,080 from the date on which the grounds for payment occurred, without any agreement between the parties on the extension of the payment date.

Summary of Evidence

1. The defendant's legal statement (the third public trial date);

1. Police statements made to E and F;

1. Application of Acts and subordinate statutes to each authentic document, a copy of each resignation, each statement of retirement allowance calculation (18 on a net basis), each of the unpaid details (19 on a net basis), a copy of the corporate registry, a copy of the public notice of restructuring, and a copy of all kinds of official approval documents;

1. Each of the former Labor Standards Act ( November 28, 2017) regarding criminal facts under the relevant provision of the Act.