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(영문) 대전지방법원 천안지원 2014.07.25 2014고정468

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 an employer as the representative director (business management officer) of the C, who employs 30 full-time workers in Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seoul as the main business of automatic control facilities.

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, from May 2, 2010 to October 26, 2013, the Defendant did not pay the total of KRW 17,979,440 as well as KRW 6,826,910 as well as KRW 6,826,910 as well as KRW 17,979,440 as well as KRW 14 days from the date of retirement without agreement on the extension of the due date for payment between the parties, in August 2013, 2013.

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 by agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant did not pay the total amount of KRW 7,804,206 as well as KRW 4,171,454 of the victim D retirement pay as stated in paragraph (1) within 14 days from the date of retirement without an agreement between the parties on the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Statement by each petitioner of the D, E, and F;

1. Application of Acts and subordinate statutes on unpaid documents;

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 Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each alternative fine for punishment;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1)2 of the Criminal Act are applicable;