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(영문) 인천지방법원 2014.09.26 2014고정2537
근로기준법위반등
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Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

The defendant is the third representative director of the Incheon Nam-gu, Incheon, which is located in 1108, and operates a content development business using 17 full-time workers.

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;

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

Nevertheless, the Defendant did not pay 6,80,000 won, including the sum of D’s wage balance of April 1, 2011 to July 31, 2013; KRW 1,550,000 in May 2013; KRW 1,550,00 in June 2013; and KRW 6,80,000 in July 1, 2013; and KRW 1,850,000 in July 201 to the parties without any agreement on the extension of the payment date between them.

2. When a worker retires, the employer shall pay the retirement allowance within fourteen 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 did not pay KRW 3,470,815 of D retirement pay from September 1, 201 to July 31, 2013 at the same place of business within 14 days from the date of retirement without an agreement between the parties on the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Investigation report (report on D Telephone call which has been filed);

1. Application of the Acts and subordinate statutes governing correction of violations of labor relations Act;

1. Article 109(1) and Article 36 of the Labor Standards Act concerning criminal facts; Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act;

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

1. Selection of an alternative fine for punishment;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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