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(영문) 전주지방법원 2019.07.09 2019고단123

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, as the manager of medical corporation D in Jeonbuk Kim Jong-si, is a user who runs a health business using 24 regular workers at the time of Kim Jong-si.

1. When a worker dies or retires, the employer in violation of the Labor Standards Act shall pay the worker 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, the Defendant, at the foregoing workplace, worked from March 9, 2017 to March 12, 2018, and retired from the workplace, did not pay the total of KRW 10,788,769, including KRW 1,535,30, Nov. 1, 2017, and the annual paid leave allowance of KRW 10,78,769, respectively, within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without agreement between the parties on the extension of the due 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

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

Nevertheless, the Defendant, as indicated in attached Table 1, did not pay the amount of KRW 1,754,963 of G retirement pay from March 9, 2017 to March 12, 2018 at the same place of business, without any agreement on extension of the due date between the parties concerned, within 14 days from the date of retirement.

Summary of Evidence

1. Defendant's legal statement;

1. Each written petition (G, H);

1. Each statement of statement;

1. A written confirmation of delayed payment of wages;

1. Results of calculation of retirement allowances;

1. G benefit ledger;

1. A written calculation of average wages and retirement allowances;

1. Application of Acts and subordinate statutes on details of overdue wages;

1. Relevant legal provisions and Articles 109(1), 36, and 43 of the Labor Standards Act concerning facts constituting an offense (the point of payment of wages, etc.).