logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 제주지방법원 2019.05.16 2018고정382
근로기준법위반
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

The defendant, as the representative director of the F in E at Jeju, is the employer who runs the manufacturing business.

1. When a worker 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;

Nevertheless, the Defendant did not pay KRW 1,399,410 of G wage in the above workplace, and KRW 1,404,290 of H’s wage within 14 days from the date of retirement, respectively.

2. An employer who violates the Guarantee of Workers' Retirement Benefits Act shall, in case where a worker retires, pay him a retirement allowance within fourteen days from the date when the cause for such payment occurred; and

Nevertheless, the Defendant had worked from January 4, 2017 to January 19, 2018 at the same place of business, and had not paid KRW 4,882,810 of retirement allowances to retired workers within 14 days from the date of retirement.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police officer to I;

1. Application of the relevant Acts and subordinate statutes of the written petition of G and H;

1. Article 109(1) and Article 36 of the Labor Standards Act concerning criminal facts, Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act, the selection of fines, concerning criminal facts;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The portion not guilty under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The summary of the facts charged is that the Defendant, as the representative director of the F (State) in Jeju E, runs a manufacturing business. A.

When a worker retires, an 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.

Nevertheless, the Defendant had worked from October 17, 2017 to February 28, 2018 at the said workplace, and had not paid KRW 1,404,290 to retired workers C within 14 days from the date of retirement.

(b).

arrow