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(영문) 광주지방법원 2018.05.17 2017고단5880
근로기준법위반등
Text

Defendant shall be punished by a fine of two 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 is the representative of the F in Gwangju Mine-gu E, who runs a manufacturing business using 30 full-time workers.

1. An employer who violates the Labor Standards Act shall, in cases where a worker retires, pay wages, compensations, and all other money and valuables within 14 days from the date on which the cause for such payment occurred, unless the due date is extended by an agreement between the parties concerned on the special grounds;

Defendant did not pay KRW 4,789,010, total of KRW 2,379,460 of G workers G retired from the said workplace on July 1, 2017 and KRW 2,409,550 of wages on September 1, 2015, within 14 days from the date of retirement, which is the date of the occurrence of the payment cause, without a mutual agreement between the parties on the extension of the payment period.

2. An employer who violates a guarantee of retirement benefits for a worker shall, in case where the worker retires, pay the retirement allowance within 14 days after the cause for payment occurred, unless the date is extended by an agreement between the parties concerned, due to special circumstances;

Defendant did not pay KRW 16,375,485 of G retirement pay to employees who retired from office around July 1, 2017 at the same place of business within 14 days from the date of retirement, which is the day when the cause for payment occurred, without any agreement between the parties on the extension of the payment period.

Summary of Evidence

1. The defendant's legal statement (the second public trial date);

1. G statements;

1. A report on internal investigation (including a statement on the calculation of a retirement allowance not included in a report on reporter's wages (including a statement on the calculation of the attached retirement allowance);

1. Application of Acts and subordinate statutes to the calculation of average wages and retirement allowances;

1. Article 109(1) and Article 36 of the Labor Standards Act for the relevant Act on Criminal Facts (the fact that the goods are not liquidated), Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (the fact that the retirement payment is not paid);

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

1. Selection of an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The part dismissing a public prosecution under Article 334(1) of the Criminal Procedure Act against the order of provisional payment

1. The defendant of this part of the facts charged is the Gwangju Mine-gu.

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