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(영문) 인천지방법원 부천지원 2018.10.25 2018고정485
근로기준법위반등
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

The defendant is a D representative of the building 104 dong 315 in Bupyeong-si, who runs a manufacturing business with 95 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 worked from May 1, 2017 to October 31, 2017 and retired from office E’s wages of 108,696 won in May 2017 and did not pay 5,475,512 won in total for six workers within 14 days from the date on which the grounds for payment occurred without an agreement between the parties on the extension of the payment deadline, as shown in the attached crime sight table.

2. An employer shall, if a worker retires, pay a retirement allowance 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 had worked from April 11, 2016 to October 31, 2017 and had retired FF’s retirement allowance of KRW 1,090,665, as well as KRW 4,329,677 in total for four employees, such as the list of crimes in the attached Form, did not pay them within 14 days from the date when the payment cause occurred without an agreement between the parties on the extension of the payment date.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of E, G, H, and I;

1. Each written petition;

1. Application of Acts and subordinate statutes to the list of authentic persons;

1. Article 10 of the relevant Act concerning facts constituting an offense, Articles 10 (1) and 36 of the Labor Standards Act for the Selection of Punishment, Article 44 subparagraph 1, and Article 9 of the Guarantee of Retirement Benefits for Workers, and the Selection of each fine;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The order of provisional payment;

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