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(영문) 인천지방법원 2017.07.21 2017고정1214
근로기준법위반등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The defendant is an employer who runs a construction business using five full-time workers as a current director, who is an apartment B, a non-dong C Co., Ltd. and a current director in Dong 101.

1. When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred;

Nevertheless, the Defendant did not pay the total of KRW 4,50,00 in January 3, 2016, the wage of KRW 4,500,00 in February 2016, KRW 4,500 in March 2016, KRW 4,500,00 in March 4, 2016, KRW 18,000 in April 4, 200, KRW 00 in total, and KRW 0,00 in April 2016, KRW 30 in 0,00 in 0,00 in April 24, 2014 to April 30, 2016, KRW 30 in 0,00 in total, and KRW 18,50 in 0,00 in 0 in 0,300 in 0,300 in 0,40 in 0,306 in 0,40 in 06, 306 in 2016.

2. An employer shall, if a worker retires, pay the retirement allowance within fourteen days after the cause for such payment occurred;

Nevertheless, the Defendant did not pay 21,273,286 won, including 15,743,834 won of F’s retirement allowance, and 5,529,452 won of G’s retirement allowance, within 14 days from the date of retirement without agreement between the parties to the extension of payment deadline.

Summary of Evidence

1. Statement by the defendant in court;

1. A petition and a written statement prepared by the F, a petition prepared by the G and a written statement prepared by the H;

1. Application of Acts and subordinate statutes, such as a statement of the calculation of average wages and retirement allowances (F), average wages, and retirement allowances;

1. Article 109(1) and Article 36 of the Labor Standards Act (a point of payment of wages) for facts constituting an offense, and Article 44 Subparag. 1 and Article 9 of the Guarantee of Retirement Benefits of respective Workers (a point of payment of retirement wages) of the same Act.

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