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(영문) 광주지방법원 장흥지원 2014.11.27 2014고정50
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, as a representative of Jeonnam-gun C, is a user who manufactures drugs and engages in wholesale and retail business using three regular workers. A.

When a worker retires, the employer shall pay all money and valuables, such as wages, within 14 days from the date of retirement unless the parties have agreed to extend the due date for the payment.

Nevertheless, wages of KRW 17,65,820 working from September 25, 2009 to August 26, 2013 were not paid within 14 days from the date of retirement without any agreement between the parties on the extension of payment deadline.

(b) When a worker retires, the employer shall pay the retirement allowance within fourteen days after the cause for such payment occurred.

Nevertheless, the E's retirement pay of KRW 3,083,370, which worked until August 26, 2013, was not paid 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. Application of Acts and subordinate statutes to written E;

1. Article 109(1) and Article 36 of the Labor Standards Act applicable to criminal facts, and Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (a point of payment of retirement allowances);

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 (1) 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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