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(영문) 서울서부지방법원 2020.10.20 2020고정777
근로기준법위반등
Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant, as a representative of the Gyeonggi-si, is an employer who runs a manufacturing business with approximately ten full-time workers. A.

When a worker dies or retires, the employer shall pay the 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 August 21, 2001 to November 30, 201.

A total of KRW 25,212,151 of wages, including KRW 4,469,616 of wages in February 2016, was not paid within 14 days from the date of retirement without any agreement between the parties on the extension of payment dates, as shown in the following list of crimes.

(b) Where a worker retires, the employer shall pay the retirement allowance 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 August 21, 2001 to November 30, 201 at the above workplace.

The retirement allowance of 28,911,237 won was not paid within 14 days from the date of retirement without any agreement between the parties on the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

1. Selection of each of the selective fines provided for in Articles 109(1) and 36 of the Labor Standards Act, Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act, and Article 40 and Article 50 of the Criminal Act, which are superior to 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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