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(영문) 의정부지방법원 2016.06.16 2016고단1074

근로기준법위반등

Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

The defendant is a representative director of C (ju) in Gyeonggi-si, who runs textile manufacturing business using three full-time workers.

1. An employer in violation of the Labor Standards Act shall, when a worker dies or retires, pay such worker wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred, unless the parties have agreed on the extension of the due date for payment;

Nevertheless, the Defendant did not enter into an agreement on the extension of the period between the parties to retirement within 205 days, even though the victim E, who had worked in the said workplace from February 9, 2015 to July 25, 2015, worked in the victim D's wage of 2,70,000 won in June 2, 2015, wage of 2,177,420 won in July 1, 2015, from July 1, 2014 to December 23, 2015, wage of 2,80,000,000 won in October 2, 2015, wage of 2,80,000,000 won in November 2, 2015, wage of 2,07,07, 407,400 won in December 2, 2015, the victim's wage of 2,145 days in total,

2. An employer who violates the Guarantee of Retirement Benefits for a worker shall, in cases where the worker retires, pay the retirement allowance within 14 days from the date on which the grounds for such payment occurred, unless the parties have agreed to extend the payment period;

Nevertheless, the Defendant did not pay KRW 4,070,693 of the victim E's retirement pay, which was worked from July 1, 2014 to December 23, 2015 at the same place of business, within 14 days from the date of retirement, even though there was no agreement between the parties on the extension of the payment date.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement of D and E;

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

1. Articles 109(1) and 36 of the Labor Standards Act for the relevant Act on criminal facts, as well as subparagraphs 1 and 9 of Article 44 of the Guarantee of Retirement Benefits for each worker;

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

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Code, Article 38 Section 1 of the Criminal Code, which increases concurrent crimes.