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(영문) 대구지방법원 김천지원 2016.11.01 2016고정313

근로기준법위반등

Text

Defendant shall be punished by a fine of KRW 1,300,000.

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

Reasons

Punishment of the crime

The defendant is a representative of E Co., Ltd. in Gu and America, who has been engaged in a service (contract) business with two full-time 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;

However, in special circumstances, the date may be extended by mutual agreement between us.

Nevertheless, the Defendant had worked from October 13, 2014 to December 31, 2015 at the above workplace, and had not paid KRW 8,716,50,000 as well as KRW 2,042,040 of the FF retired on November 1, 2015, as stated in the details of the money and valuables in arrears (1) in the attached Form (1), within 14 days from the date when the cause for the payment occurred without an agreement on the extension of the due date between the parties concerned.

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 2,397,320 of the F's retirement pay within 14 days from the date of retirement without an agreement between the parties on the extension of the payment due date.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement in F, G, H, I, and B;

1. Application of Acts and subordinate statutes on account transactions, business registration certificate, wage ledger, work book, retirement allowance calculation statement, and each salary statement;

1. Article 109(1) and Article 36 of the Labor Standards Act as to facts constituting an offense, and 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 Code of the Commercial Concurrent Crimes and the violation of the Labor Standards Act against the worker F, and the violation of the Guarantee of Workers' Retirement Benefits Act are more severe, and the crimes are more severe.