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(영문) 광주지방법원 해남지원 2014.08.13 2014고정13

근로기준법위반등

Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant is, at the same time, the business owner of C, whose purpose is to engage in steel reinforced concrete construction business, and at the same time, for E, the business owner of D, whose purpose is to engage in soil construction business, etc. in Jeonnam-do, and is the employer of C and D, who is the business owner of C and D.

1. When a worker retires, the employer shall pay him/her all money or valuables, such as wages, within 14 days from the date of his/her retirement, unless otherwise agreed by the parties concerned;

Nevertheless, the Defendant, by March 31, 2013, did not pay KRW 1,700,000 for workers F, who were employed in the said workplace and retired from the said workplace, within 14 days from the date of retirement without any agreement on the extension of the payment date between the parties concerned.

2. An employer shall, when a worker retires, pay the retirement allowance within 14 days from the date of retirement, unless there exists any agreement between the parties on the extension of the date;

Nevertheless, from November 1, 1993 to October 31, 201, the Defendant failed to pay the total of KRW 33,026,571 to the above D Co., Ltd. and to the above D Co., Ltd. from November 1, 201 to March 31, 2013, within 14 days from the date of retirement without any agreement between the parties on the extension of the due date.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. A written calculation of retirement allowances;

1. Application of Acts and subordinate statutes confirming income tax withholding;

1. Article 109 (1) and Article 36 of the Labor Standards Act applicable to criminal facts, Articles 109 (1) and 36 of the Act on the Selection of Punishment, and Article 44 subparagraph 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (the point of payment of retirement allowances and the selection of fines);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.