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Reasons
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(영문) 의정부지방법원 고양지원 2018.10.25 2018고정511
근로기준법위반등
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Defendant shall be punished by a fine of four million won.

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

Reasons

Punishment of the crime

The defendant is the actual manager of the building D in the Dong-gu, Busan Metropolitan City and E-dong, who has operated the business of manufacturing printed materials using two full-time workers.

1. When a worker dies or retires, an employer in violation of the Labor Standards Act shall pay him/her wages, compensations, or 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 27,05,420 won in total for two workers within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without agreement on the extension of the due date of payment between the parties, as shown in the list of crimes in the attached Table, as well as 1,374,250 won on May 30, 2016 of the retired workers G, who were in charge of accounting affairs from September 30, 2015 to June 30, 2017.

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

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

Nevertheless, the Defendant did not pay KRW 2,710,973 of G retirement pay of retired workers from the above workplace within 14 days from the date of the occurrence of the reasons for payment, without agreement on the extension of the payment deadline between the parties, as it is in charge of accounting affairs from September 30, 2015 to June 30, 2017.

Summary of Evidence

1. Each legal statement of the witness H, G, and I;

1. Each police statement made to H and I;

1. G statements;

1. Unpaid benefits, average wages, and retirement allowance estimate, and G benefit payable;

1. Application of summary order and investigation report (Attachment to the same military records related to the same place of business of the suspect) Acts and subordinate statutes;

1. Each of the former Labor Standards Act (amended by Act No. 15108, Nov. 28, 2017) regarding criminal facts.

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