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(영문) 광주지방법원 순천지원 2015.11.13 2015고단1335
근로기준법위반등
Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is the user who operates the facility construction business, etc. as the representative director of D Co., Ltd., which is located in C at all times.

1. An employer in violation of the Labor Standards Act shall, if a worker retires, pay all money or valuables, such as wages, within 14 days unless the parties concerned have agreed to extend the payment date;

Nevertheless, the Defendant, from September 16, 201 to August 2, 2013, did not pay KRW 5,352,400 in total, including KRW 182,52,40, and KRW 5,352,40 in the year-end annual refund in 2012, as well as KRW 5,169,880, and year-end annual refund in 2012, within 14 days from the date of retirement without an agreement between the parties to the payment.

2. An employer who violates the Guarantee of Workers' Retirement Benefits Act shall, in case where a worker retires, pay him a retirement allowance within fourteen days, unless there exists any agreement extending the payment date between the parties concerned

From September 16, 201 to August 2, 2013, the Defendant did not pay KRW 7,514,170 of the retirement pay of the said employee E, who worked in the said stock company D, within 14 days from the date of retirement without an agreement between the parties to the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes on a petition;

1. Relevant Article 109(1) and Article 36 of the Labor Standards Act concerning criminal facts, Articles 44 Subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act, and the choice 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 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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