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(영문) 대전지방법원 2017.06.29 2017고정488

근로기준법위반등

Text

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

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

Reasons

Punishment of the crime

The Defendant is the employer who is a representative of the Daejeon Young-gu, Daejeon, who ordinarily employs more than 10 workers and operates the medical care center.

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

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

Even so, Defendant 1 worked in the above workplace from October 6, 2014 to September 2, 2016, as well as KRW 1,297,160 of the unpaid wages in January 2016 of D who retired from the said workplace, and did not pay KRW 4,50,000 for total wages in arrears as well as KRW 6,328,170 for total wages in arrears and from December 14, 2015 to October 22, 2016, as well as KRW 720,000 for E’s retirement wages in December 2015, as shown in the attached Form.

2. An employer shall, if a worker retires, pay a retirement allowance within 14 days after the cause for such payment occurred;

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

Nevertheless, the defendant employed from October 6, 2014 to September 2, 2016 at the above workplace and did not pay the total of KRW 2,395,350 of D retirement pay within 14 days from the date of retirement without an agreement on the extension of the payment deadline between the parties.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. Application of business registration certificate and wage details (amount of overdue wages) Acts and subordinate statutes;

1. Article 109(1) and Article 36 of the Labor Standards Act concerning facts constituting an offense; Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers’ Retirement Benefits Act;

1. Articles 40 and 50 of the Criminal Code of the Commercial Concurrent Crimes (Article 40 and Article 50 of the Labor Standards Act due to Payment of Wages to D).