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(영문) 의정부지방법원 2018.05.16 2018고정562
근로기준법위반등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The defendant is the representative of the Dispute Resolution Co., Ltd. in Kuri-si, and is an employer who operates a fishery products distribution business using four full-time workers.

1. An employer violating the Labor Standards Act, where a worker dies or retires, did not pay 4,20,000,000 won, including the total amount of wages of 1,00,000,000 won in June 3, 2017, and the total amount of wages of 1,40,000,000 won in August 2017, without any agreement on the extension of the payment date between the parties concerned, within 14 days from the date of the retirement without any agreement on the extension of the payment date.

2. An employer who violates the Act on the Guarantee of Retirement Benefits of Workers, when a worker retires, shall pay the retirement allowance within 14 days from the date on which the ground for such payment occurred. However, the employer, from March 3, 2016 to August 31, 2017, did not pay KRW 2,864,602 of the retirement allowance D’s retirement allowance as a printed design work, and did not pay it within 14 days from the date of the retirement without an agreement between the parties on the extension of

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements;

1. Application of statutes to the calculation of average wages and retirement allowances, and written confirmation of arrears with wages;

1. Articles 109(1) and 36 of the Labor Standards Act for the relevant Act on criminal facts, and subparagraphs 1 and 9 of Article 44 of the Guarantee of Workers' Retirement Benefits Act (which shall not be paid for retirement);

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

1. Selection of an alternative fine for punishment;

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

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