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(영문) 수원지방법원 안산지원 2017.05.26 2017고정310
근로기준법위반등
Text

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

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

Reasons

Punishment of the crime

The defendant, as the representative director of D, is an employer who runs an insurance agency business using five full-time workers.

1. If an employee dies or retires, the employer in arrears of the Labor Standards Act shall pay him/her wages, compensations, and all other money or valuables within 14 days from the time 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 did not pay the total amount of KRW 3,274,820, including the total amount of KRW 3,274,820, and the total amount of KRW 3,274,820, and the total amount of KRW 9,536,110, and the total amount of KRW 9,536, and 110, as stated in the attached Table Nos. 1 through 5 of the daily list of crimes committed by the Defendant at the same workplace from October 15, 2015 to October 28, 2016, within 14 days from the date of retirement where the cause for payment occurred without agreement on the extension of the payment date between the parties.

2. Where an employer who violates the Guarantee of Retirement Benefits for Workers retires from office, the employer shall pay wages, compensations, and all other money and valuables within 14 days after the ground for such payment occurred;

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

Nevertheless, the Defendant did not pay the total amount of KRW 3,770,980, as well as KRW 1,527,690 of E’s retirement allowances, which had been employed from October 15, 2015 to October 28, 2016 at the above workplace, within 14 days from the date of retirement where the cause for payment occurred, without agreement between the parties to the extension of the payment deadline.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the respective Acts and subordinate statutes of F, G, H, I, and E;

1. Relevant legal provisions concerning facts constituting an offense, Articles 109(1), 36 of the Labor Standards Act for the Selection of Punishment, Article 44 Subparag. 1, 9 of the Guarantee of Retirement Benefits for Workers, and Article 109 of the same Act, and Article 44 of the same Act, respectively;

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