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(영문) 의정부지방법원 2018.07.04 2018고정685

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 a user who operates a furniture manufacturing business using four full-time workers as the representative of the Dispute Resolution Co., Ltd. in two weeks.

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

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

Nevertheless, the Defendant did not pay the wages of KRW 200,00 in December 2016, 201, the wages of KRW 200,000 in January 2017, the wages of KRW 200,000 in February 2017, and the total wages of KRW 600,000 in February 20, and the wages of KRW 600,000 in each of the parties concerned did not agree on the extension of the payment date between the parties.

(b) An employer shall, where a worker dies or retires, pay the retirement allowance within 14 days after the cause for such payment occurred;

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

Nevertheless, the Defendant did not pay KRW 13,290,409 of D retirement pay within 14 days from the date of retirement without an agreement between the parties on the extension of the payment deadline between the parties, who worked as a person engaged in sales management business from February 21, 201 to March 10, 2017 at the above workplace.

Summary of Evidence

1. Statement by the defendant in court;

1. A Duthenticity statement;

1. Application of statutes on written opinions and payment details of benefits;

1. Articles 109(1) and 36 of the Labor Standards Act for the relevant Act on criminal facts, and subparagraphs 1 and 9 of Article 44 of the Guarantee of Workers' Retirement Benefits Act (which shall not be paid for retirement);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The amount of unpaid wages for the reason of sentencing of Article 334(1) of the Criminal Procedure Act is based on general sentencing in the same and similar cases.