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(영문) 대구지방법원 상주지원 2017.06.27 2017고정26
근로기준법위반등
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[Status of the Parties] The Defendant is the actual representative of the R architect's office in Q and Q and third floors at the time of permanent stay, who employs 38 full-time workers and operates the architectural design and construction supervision business.

[Criminal facts]

1. An employer who violates Article 36 of the Labor Standards Act shall, if a worker dies or retires, pay the worker wages, compensations, or any other money or valuables within fourteen days after the cause for such payment occurred;

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

Nevertheless, the Defendant did not pay KRW 3,088,845 of the wages of S retired workers from the said workplace from May 26, 2015 to July 9, 2016, within 14 days from the date of retirement, without an agreement between the parties on the extension of the payment deadline.

2. Wages in violation of Article 43 of the Labor Standards Act shall be paid at least once a month on a fixed date;

Provided, That this shall not apply to extraordinary wages, allowances, or other similar payments, or those wages prescribed by Presidential Decree.

Nevertheless, the Defendant did not pay the amount of KRW 2,17,943 as wages in September 2015, the amount of KRW 2,240,159 as wages in June 2016, and the amount of KRW 2,242,80 as wages in July 2016 on each wage payment date.

3. An employer who violates Article 9 of the Guarantee of Retirement Benefits of Workers shall, in cases where a worker retires, pay the worker a retirement allowance within fourteen days after the cause for such payment occurred;

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

Nevertheless, the Defendant did not pay KRW 2,922,353 of the retirement allowances of S retirement workers who retired from the said workplace from May 26, 2015 to July 9, 2016, within 14 days from the date of retirement without an agreement between the parties on the extension of the payment deadline.

Summary of Evidence

1. The defendant's statement in court;

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