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(영문) 대전지방법원 2020.01.15 2019고정1036

근로기준법위반등

Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

The Defendant is an employer who runs his/her business with three full-time workers in Daejeon Jung-gu, Daejeon.

1. When a worker dies or retires, the employer in violation of the Labor Standards Act shall pay the wages, compensations, and other money or valuables within fourteen days after the cause for such payment occurred;

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

Nevertheless, the Defendant, at the foregoing place of business, worked for the period from August 6, 2017 to August 11, 2018 and retired from office, was 301,160 won for January 2018, wages of 120,440 won for February 2018, wages of 301,160 won for March 2018, wages of 210,800 won for April 2018, wages of 301,160 won for May 2018, wages of 210,80 won for June 2018, wages of 301,160 won for total, 1,746,680 won for July 2018, and paid wages of 301,160 won for the period from February 1, 2018 to 308,200 won for retirement from office, and of 301,50 days for retirement from office.

2. An employer who violates the Guarantee of Workers' Retirement Benefits Act shall, in case where a worker retires, pay the retirement allowance within fourteen days after any cause for such payment occurred; and

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

Nevertheless, the defendant did not pay 136,030 won of retirement allowances of D who worked in the above workplace as in paragraph (1) within 14 days from the date of retirement without agreement between the parties on the extension of payment.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Written statements prepared in D;

1. Written petition of D and E;

1. Details of confirmation of facts, such as telephone, investigation report (report on calculation of details of delayed payment of wages of a suspect), calculation of attached wages, and calculation of retirement allowances;

1. Application of Acts and subordinate statutes to each employment contract;

1. Criminal facts;