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(영문) 창원지방법원 2020.11.30 2020고정564
근로기준법위반등
Text

Defendant shall be punished by a fine of 300,000 won.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The defendant is an employer who runs a manufacturing business under the trade name of C Co., Ltd. using 7 full-time workers at the window B of Changwon-si.

When a worker retires, the employer shall pay wages, retirement allowances, compensation, and all other money and valuables within 14 days from the date on which the cause for such payment occurred, unless otherwise agreed by the parties to the extension of the due date.

Nevertheless, the Defendant is working in the workplace from March 15, 201 to August 14, 2019.

D’s 734,800 won of wages in August 2019, 771,840 won of annual unused allowance in 2016, 776,40 won of annual unused allowance in 2017, 776,400 won of annual unused allowance in 2018, 903,600 won of annual unused allowance in 2019, 1,135,600 won of annual unused allowance in 2019, 330,000 won of annual unused refund in 2016, and 551,460 won of year-endendend paid in 203,70 won of retirement allowance in 2018, and 14,021,225,103 won of retirement allowance in total, without agreement between the parties on the extension of the payment date.

Summary of Evidence

1. Calculation details of statement made by the police against D of the police investigation record, calculation of retirement allowance, withholding receipt, statement of account punishment, application of Acts and subordinate statutes to the accused;

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

1. Selection of a fine for elective punishment under Articles 40 and 50 of the Criminal Act among the ordinary concurrent crimes;

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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