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(영문) 의정부지방법원 고양지원 2018.04.24 2018고정192

근로기준법위반등

Text

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

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

Reasons

Punishment of the crime

The defendant is the representative of the Dong-gu B and C located on the right side of the first floor in Yangyang-si, one full-time worker, who runs the interior construction business.

1. When a worker dies or retires, an employer in violation of the Labor Standards Act shall pay him/her wages, compensations, or 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.

Nevertheless, the Defendant did not pay the total amount of KRW 12,143,750 to two workers within 14 days from the date of the occurrence of the reasons for payment, as shown in the attached crime list, as well as KRW 1,63,750 of the retired workers D, who are in charge of field general affairs from May 26, 2014 to April 30, 2017, as well as KRW 1,663,750 on January 1, 2017.

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

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

Nevertheless, the Defendant did not pay KRW 7,566,39 of retirement allowances of retired workers D within 14 days from the date of retirement, which is the date of the occurrence of the reasons for payment, without an agreement between the parties on the extension of the payment deadline, as it is in charge of field-general affairs from May 26, 2014 to April 30, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement of D and E;

1. A statement of retirement allowances, details of transactions in passbooks, and each receipt of cash custody;

1. Instructions for correction of matters in violation of labor-related Acts and subordinate statutes for certifying business registration;

1. Article 109(1) and Article 36 of the Labor Standards Act (a point of payment of wages), Article 44 Subparag. 1 and Article 9 of the Act on the Guarantee of Workers’ Retirement Benefits (a point of payment of unpaid wages) for criminal facts.