beta
(영문) 인천지방법원 2017.02.10 2017고정7

근로기준법위반등

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The defendant is the representative of the Dispute Resolution D in Incheon Jung-gu, and is a user who runs a fishery product wholesale and retail business using ten full-time workers.

1. Where a worker dies or retires, the employer of the portion unpaid to wages shall pay the wages, compensations, and other money or valuables within 14 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 did not pay the total amount of KRW 24,740,350 for four workers within 14 days after retirement without an agreement on extension of payment deadline, as shown in the attached crime list (excluding part B), including the amount of KRW 409,370 on November 1, 2015, which was worked from January 1, 2009 to May 29, 2016 at the above workplace.

2. Where a worker dies or retires, the employer who has not paid a retirement allowance shall pay the retirement allowance within 14 days from the date on which 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 did not pay the total amount of KRW 29,055,282 as well as KRW 18,921,122 of E’s retirement pay as above within 14 days after retirement without any agreement on extension of payment deadline, as shown in the list of crimes in the attached Table (excluding part B).

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement prepared by the F;

1. Application of the relevant Acts and subordinate statutes of a petition filed in E, G and H;

1. Article 109(1) and Article 36 of the Labor Standards Act (a point of payment of wages) of the relevant Act on criminal facts, and Article 44 Subparag. 1 and Article 9 of the Guarantee of Retirement Benefits for Workers (a point of payment of unpaid wages);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition (limited to a violation of the respective Labor Standards Act for E, G, and F, and a violation of the Guarantee of Workers' Retirement Benefits Act);

1. Selection of each alternative fine for punishment;

1. The aggravated Criminal Act for concurrent crimes.