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(영문) 대전지방법원 홍성지원 2019.07.09 2018고정203

근로기준법위반등

Text

Defendant shall be punished by a fine not exceeding 1.5 million won.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

The defendant is a representative of C located in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, and is a user who runs a livestock industry using two regular workers.

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 the date may be extended by mutual agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant, at the same place of business, did not pay 1.8 million won of wages on March 2017, 2017, which he/she worked as an employee from August 20, 2016 to September 17, 2017; 1.8 million won of wages on April 2017; 1.8 million won of wages on May 2017; 1.8 million won of wages on June 2017; 200 million won of wages on August 20, 2017; 1.320,000 won of wages on September 20, 2017; and 1,0520,00 won of wages within 14 days from the date of retirement without any agreement between the parties.

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 the cause for such payment occurred; and

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

Nevertheless, the Defendant did not pay KRW 1,862,00 of D retirement pay to the employees from August 20, 2016 to September 17, 2017 at the above workplace without an agreement between the parties.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes on the calculation of retirement allowances;

1. Article 109(1) and Article 36 of the Labor Standards Act related to criminal facts, Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (a point of payment of retirement allowances);

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

1. Selection of an alternative fine for punishment;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;