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(영문) 창원지방법원 밀양지원 2017.11.09 2017고단230

근로기준법위반등

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The Defendant is an employer who employs more than 10 full-time workers as the representative director of E located in Gyeong-Gun (ju).

1. An employer in violation of the Labor Standards Act shall, if a worker dies or retires, pay him/her wages, compensations, or other money or valuables within fourteen days after the cause for such payment occurred;

Nevertheless, the Defendant did not pay 3,671,210 won including bonuses of 33,671,210 won from the date of retirement within 14 days from the date of retirement without an agreement between the parties to the extension of the payment date, as described in the attached list of crimes, as well as bonuses of 1,979,200 won on September 5, 2016, which were employed by the branch manager from February 5, 2004 to September 30, 2016.

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

Nevertheless, the defendant did not pay 102,915,70 won, including 48,04,471 won of retirement allowances for employees employed by the branch manager from February 5, 2004 to September 30, 2016 at the above workplace, within 14 days from the date of retirement without agreement between the parties to the extension of payment deadline, as shown in the list of crimes in the attached crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and G;

1. A H statement;

1. Application of Acts and subordinate statutes to the current status of unpaid bonuses, the annual status of each unpaid bonus, and the details of calculation of each retirement allowance;

1. Articles 109(1) and 36 of the Labor Standards Act for the facts constituting an offense set forth in the relevant Act (the fact that money and other valuables are not paid, such as wages) and subparagraphs 1 and 9 of Article 44 of the Guarantee of Workers' Retirement Benefits Act (the fact that money and other valuables are not paid for retirement);

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

1. Selection of each alternative fine for punishment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. The order of provisional payment;