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(영문) 인천지방법원 2015.01.16 2014고정4030

근로기준법위반등

Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

The defendant is the actual representative of C Institute in the fourth floor of building B in Nam-gu, Incheon, and is an employer who runs educational service business using approximately seven regular workers.

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 worked in the same workplace from November 18, 2013 to December 31, 2013, and did not pay 9,841,545 won in total, including four workers, as shown in the attached crime list, within 14 days from each date of the occurrence of the cause for payment, without any agreement between the parties on the extension of the due date for payment, as shown in the attached crime list.

2. When a worker retires, the employer shall pay the retirement allowance 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 worked in the same workplace from October 15, 2012 to November 5, 2013, and did not pay KRW 3,117,250 of retirement allowances E retired from the same workplace, and did not pay KRW 5,863,378 of retirement allowances of two workers within 14 days from each retirement date, which is the date on which the cause for payment of money and valuables occurred, as shown in the attached crime list.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Each statement of E, D, G, and H;

1. Application of Acts and subordinate statutes on the authentic copy of a notarial deed, details of transactions in each account, and inquiry into daily affairs;

1. Article 109(1) and Article 36 of the Labor Standards Act concerning criminal facts, and Article 44 subparag. 1 of the Guarantee of Workers' Retirement Benefits Act.