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(영문) 인천지방법원 부천지원 2016.04.22 2016고정204
근로기준법위반등
Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The defendant, as the representative of Co., Ltd. C in Kimpo-si, is an employer who engages in the manufacturing industry using seven full-time workers.

(a) An employer shall, if a worker retires, pay the wages, compensations, and all other money or valuables within 14 days after the cause for such payment occurred;

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

Nevertheless, the Defendant did not pay KRW 5,920,932 of the total wages of three retired workers within 14 days from the date of retirement where the grounds for payment occurred, as shown in the list of crimes in the attached Table, as well as KRW 1,104,561 of the D’s wage as of July 27, 2013 through August 28, 2015, which worked in the above workplace, as well as KRW 5,920,932 of the wages of three retired workers, as in the list of crimes in the attached Table.

(b) Where an employee retires, an employer shall pay a retirement allowance within 14 days after the cause for such payment occurred;

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

Nevertheless, the Defendant did not pay KRW 7,14,628 in total, 7,14,628 of retirement allowances of three retired workers, as well as KRW 2,781,495 of D retirement allowances, who worked in the said workplace from February 27, 2013 to August 28, 2015, within 14 days from the date of retirement where the cause for payment occurred, as shown in the list of crimes in the attached Table.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police accused against the defendant;

1. Application of statutes to the details of confirmation of the fact, such as a petition, telephone, etc., details of benefits for three months, average wages, and retirement allowances;

1. Article 109(1) and Article 36 of the Labor Standards Act (a point of payment of wages) of the relevant Act on criminal facts, and Article 44 Subparag. 1 and Article 9 of the Guarantee of Retirement Benefits for Workers (a point of payment of unpaid wages);

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

1. Selection of a fine for negligence;

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