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(영문) 의정부지방법원 고양지원 2014.05.30 2014고단216
근로기준법위반등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is the representative of E in Soyang-gu, Youngyang-gu, the defendant is a full-time worker, who runs the business of selling clothing wholesale and retail with six full-time workers.

1. When a worker dies or retires, the employer in violation of the Labor Standards Act shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred, unless the date is extended by an agreement between the parties concerned;

The Defendant, while working in the said workplace from January 2, 2012 to October 31, 2013, did not pay KRW 23,89,000 as the total amount of wages from January 2012 to October 2013 of 2013 to retired workers, within 14 days from the date of retirement without an agreement between the parties on the extension of the due date.

2. An employer who violates the Guarantee of Workers' Retirement Benefits Act shall, in case where a worker retires, pay him retirement allowances within fourteen days after any cause for such payment occurred, unless the payment is extended by agreement between the parties concerned.

The Defendant, as described in paragraph (1), did not pay 12,348,665 won of retirement allowances of FF retired from his/her service until October 31, 2013, within 14 days from the date of retirement, without any agreement between the parties on extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

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

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

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

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

1. The dismissal part of the prosecution under Article 334 (1) of the Criminal Procedure Act

1. The Defendant, as the representative of E in Gyeyang-gu, Goyang-gu, Goyang-gu, the facts charged, is an employer who runs the garment wholesale and retail business using six full-time workers.

An employer who violates the Labor Standards Act.

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