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(영문) 대구지방법원 2019.05.09 2019고정149

근로기준법위반등

Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is the representative in Daegu Jung-gu, the defendant is a user who ordinarily employs four workers and operates a clothing retail business.

1. When a worker dies or retires, the employer shall pay the wages, compensations, and all other money and valuables within fourteen 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 is working from January 6, 2014 to August 31, 2018 at the above workplace.

In August 2018, 2018, wages of 3.550,000 won was not paid within 14 days from the date of occurrence of the cause for payment without agreement between the parties to 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 by an agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant is working from January 6, 2014 to August 31, 2018 at the above workplace.

A retired retirement allowance of KRW 10,700,960 was not paid within 14 days from the date of occurrence of the cause for payment without agreement between the parties to the extension of the due date.

Summary of Evidence

1. Statement by the defendant in court;

1. A written complaint, a written complaint, or a D petition;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to the calculation of average wages and retirement allowances;

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

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

1. Selection of an alternative fine for punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;