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(영문) 청주지방법원 2015.06.18 2014고단1202
근로기준법위반등
Text

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 representative director of I Co., Ltd. I located in J in J in Jincheon-gun, Chungcheongnamcheon-gun, who is engaged in the manufacturing business of Changho, employing 30 full time workers.

1. When a worker dies or retires, the employer in violation of the Labor Standards Act shall pay the worker wages, compensations, and 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 worked in the above workplace from February 25, 2009 to May 14, 2012, and was retired from office and worked in the workplace from the J on May 1, 2012, and from October 13, 2009 to July 31, 2013, the Defendant paid KRW 701,30 of K’s wages on July 7, 2012, to 14 days from the date of retirement without agreement between the parties concerned.

2. An employer who violates the Guarantee of Workers' Retirement Benefits Act shall, in case where a worker retires, 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 in extenuating circumstances.

Nevertheless, the Defendant, while working in the foregoing workplace from May 10, 2010 to April 30, 2012, did not pay KRW 15,276,230 as well as KRW 1,724,30 of retirement allowances of retired workers, including KRW 2,55,230,00, as described in the attached Table Nos. 2, 5, and 6, for each payment period, 14 days from the date of retirement without any agreement between the parties concerned.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of K;

1. Written statements of L and J;

1. Withholding receipt and retirement allowance calculation statement;

1. Application of Acts and subordinate statutes concerning account transactions;

1. Wages as prescribed in Articles 109(1) and 36 of the Labor Standards Act concerning criminal facts and the choice of punishment;

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