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(영문) 대구지방법원 서부지원 2019.10.10 2018고정816
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 a user who owns two vehicles and operates transportation business with two vehicles as the president of the Overall Management Center in Daegu-gun Group B located.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money and valuables 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 had worked from January 7, 2017 to January 11, 2018, and did not pay 300,000,000,000,000,000,000,000,000,000,000,000,000,000,00 from January 7, 2018, within 14 days from the date of retirement without an agreement on the extension of the due date between the parties.

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

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

Nevertheless, the Defendant had worked from January 7, 2017 to January 11, 2018, and had not paid KRW 3,614,767 of retired workers D's retirement pay within 14 days from the date of retirement without any agreement between the parties on the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police against D - Details of entry and exit transactions;

1. Statement of witness to E;

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

1. Article 109(1) and Article 36 of the former Labor Standards Act (amended by Act No. 15108, Nov. 28, 2017); Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (which means unpaid retirement allowances) regarding criminal facts;

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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