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(영문) 전주지방법원 2018.08.22 2018고단1060

근로기준법위반등

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

Defendant is the D representative in Jeonju City, who ordinarily employs eight full-time workers, and operates the manufacturing industry.

1. When a worker dies or retires, an employer in violation of the Labor Standards Act shall pay the wages, compensations, and all other money and valuables within 14 days after the cause for such payment occurred, unless there exists any extension of the due date by an agreement between the parties concerned, due to special circumstances;

Nevertheless, the Defendant had worked from September 1, 2004 to September 30, 2017 at the same place of business and retired from the said place of business and had not paid KRW 5,000,00,00 from the date of retirement within 14 days from the date of retirement without an agreement on the extension of the payment date between the parties concerned. < Amended by Presidential Decree No. 28211, Jul. 1, 2017; Presidential Decree No. 28211, Sep. 1, 2004; Presidential Decree No. 28204, Sep. 1, 2017; Presidential Decree No. 28470, Sep. 1, 2017; Presidential Decree No. 28470, Sep. 1, 2017>

2. An employer who violates the Guarantee of Retirement Benefits of a worker shall, in case where the worker retires, pay the retirement allowance within fourteen days after the ground for such payment occurred, unless there exists any extension of the due date under an agreement between the parties concerned, due to

Nevertheless, the defendant did not pay 17,431,986 won of retirement pay of E, which was retired from the above workplace from September 1, 2004 to September 30, 2017, within 14 days from the date of retirement without an agreement between the parties on the extension of the payment deadline.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of police statement protocol to E;

1. Article 109(1) and Article 36 of the Labor Standards Act for Criminal Facts (a violation of the duty to liquidate money or goods), Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (a violation of the duty to liquidate money or goods);

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

1. Selection of an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Circumstances favorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order: The fact that the defendant repents the defendant's wrong and reflects his depth, and the defendant is small.