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(영문) 인천지방법원 2014.11.14 2014고정3454

근로기준법위반등

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The defendant is the actual manager of C Co., Ltd. located in Dong-gu Incheon Metropolitan City, who operates the business of manufacturing telecommunications parts by using five regular workers.

1. When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within fourteen 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, the Defendant works from September 28, 2010 to April 30, 2014.

D's total wages of 7,453,00 won, including 550,000 won in April 2014, were not paid within 14 days from the date of retirement without an agreement between the parties on the extension of the due date.

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

Provided, That the date of payment may be extended according to an agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant works from September 28, 2010 to April 30, 2014.

The retirement allowance of retired D, including KRW 5,993,026, did not pay the total of KRW 12,484,668 of the three retirement allowances to employees within 14 days from the date of retirement without any agreement on extension of the due date between the parties.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of D;

1. Application of Acts and subordinate statutes on a petition;

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

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (the crimes of violating the Labor Standards Act against each worker, the crimes of violating the Guarantee of Workers' Retirement Benefits Act, and the punishment imposed on each of the crimes of violating the Labor Standards Act which are heavier than the nature of each crime

1. Selection of each alternative fine for punishment;

1. Aggravation for concurrent crimes;