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(영문) 의정부지방법원 2017.07.12 2017고단841
근로기준법위반등
Text

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

When the defendant does not pay a fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The defendant, as the representative of the (State)C in Dongducheon-si, is an employer who employs 7 full-time workers and operates a malicious and leather manufacturing company.

1. When a worker dies or retires from office, the employer who has violated the Labor Standards Act shall pay the wages, compensations, and all other money and valuables within 14 days from the date on which the cause for such payment occurred, unless the parties have agreed to extend the period of payment;

Nevertheless, the Defendant did not pay KRW 11,119,354 of the total wages of four workers within 14 days from the date of each retirement, even though there was no agreement between the parties on the extension of the payment date, as shown in the list of crimes in the attached Table, including the failure to pay KRW 2,400,00 in June 24, 2016, which was worked at the above workplace from January 1, 2013 to June 24, 2016.

2. When a worker in violation of the Guarantee of Retirement Benefits of Workers retires, the employer shall pay the worker a retirement allowance within 14 days from the date of such retirement, unless otherwise agreed on the extension of the payment period;

Nevertheless, the Defendant did not pay KRW 9,351,802 of D retirement pay, which was worked from January 1, 2013 to June 24, 2016 at the above workplace, within 14 days from the date of retirement, although there was no agreement between the parties on the extension of the payment date.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Each police statement made in relation to D, E, F, and G;

1. Each written petition;

1. Application of Acts and subordinate statutes to the specifications of benefits, statements of retirement allowance, average wages, and statements of retirement allowance;

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

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

1. Selection of each alternative fine for punishment;

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

1.Article 70(1) and (2) of the Criminal Act to attract a workhouse.

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