beta
(영문) 의정부지방법원 고양지원 2019.03.06 2018고단3183

근로기준법위반등

Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is an employer who runs the meat processing business using 16 full-time workers, as the representative director of the corporation N in Pakistan.

1. When a worker dies or retires, the employer in violation of the Labor Standards Act shall pay the worker wages, compensations, and other money or valuables within 14 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 did not pay the total amount of three workers of the above workplace within 14 days from the date of retirement without an agreement on the extension of the due date between the parties, as stated in the following Nos. 13, 15, and 16, including the amount of wages of 1.8 million won in February 2, 2018 of P, who worked at the above workplace from March 10, 2016 to February 28, 2018.

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 retirement allowances of 11, 13, 15, and 16, respectively, within 14 days from the date of retirement without agreement on the extension of the due date between the parties, including the retirement allowances of 3,55,620 won of P and retired workers P, as above, in the above workplace, and the total four employees of the above workplace were not paid within 14 days from the date of retirement.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. A written petition;

1. Application of Acts and subordinate statutes concerning the calculation of average wages and retirement allowances;

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

1. The Commercial Concurrent Crimes Act.