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(영문) 광주지방법원 2019.02.21 2018고단5043
근로기준법위반등
Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The defendant, as the representative of the (ju) Category C of the Gwangju Northern-gu building, is an employer who runs a manufacturing business using five full-time workers.

1. When a worker dies or retires, the employer in violation of the Labor Standards Act shall pay the worker 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 is working from June 1, 2015 to March 30, 2018 at the above workplace.

The retirement E’s year-end settlement refund amounting to KRW 200,000 shall not be paid within 14 days from the date of retirement without an agreement on the date of payment between the parties, as well as the total amount of KRW 11,130,469, including four workers’ wages, etc., as shown in the separate crime list.

2. An employer who violates the Guarantee of Workers' Retirement Benefits Act shall, in case where a worker retires, pay the retirement allowance within fourteen days after the cause for such payment occurred; and

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

Nevertheless, the Defendant is working from June 1, 2015 to March 30, 2018 at the above workplace.

The retirement allowance of the retired E does not pay 5,573,05 won within 14 days from the date of retirement without an agreement on the date of payment between the parties, and did not pay 25,290,634 won in total, as shown in the separate crime list, within 14 days from the date of retirement without an agreement on the date of payment between the parties.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. The statements of G and H;

1. Application of statutes on business registration certificates;

1. Money and other valuables provided for in Articles 109(1) and 36 of the Labor Standards Act concerning criminal facts;

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