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(영문) 광주지방법원 목포지원 2019.10.29 2018고정312
근로기준법위반등
Text

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

If the defendant does not pay the above fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

The defendant is the representative of the Dispute Resolution Co., Ltd. in Sipoposi B, and is an employer who runs a service business by employing seven full-time workers.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money and valuables within fourteen days after the cause for such payment occurred.

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

Nevertheless, the Defendant, at the above workplace, worked from August 1, 2016 to December 31, 2017, and retired from office, did not pay the total of KRW 62,66,669 for three retired workers within 14 days from the date of retirement without agreement between the parties to the extension of payment due date, as stated in the attached crime list, including KRW 5,416,667, October 2017.

(b) When a worker retires, the employer shall 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 if special circumstances exist.

Nevertheless, the Defendant had worked from August 1, 2016 to December 31, 2017 at the above workplace and had not paid KRW 26,67,436, respectively, within 14 days from the date of retirement, as well as KRW 7,520,101, which was retired, as well as KRW 7,520,101, which was included in the list of crimes in the attached Table.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Each police statement related to E, F, and G;

1. Application of each relevant statute;

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

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

1. Selection of an alternative fine for punishment;

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

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