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(영문) 대전지방법원 2021.02.19 2018고단4674
근로기준법위반등
Text

Defendant shall be punished by a fine of KRW 10,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is the representative director of C, which is located in Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-do, and is the employer who runs a manufacturing business, such as an electronic application device, employing 45 full-time workers.

Defendant 1 worked in the above workplace from July 16, 2013 to November 18, 2017, and did not pay each of the wages of 1,625,622 won and retirement allowances of 8,136,480 won, including 12 employees, including 139,126,609 won, and 84,174,664 won, including 10 employees, within 14 days from the date of retirement without agreement on the extension of the payment period between the parties concerned, as shown in the list of crimes in the attached Form.

Summary of Evidence

1. Statement by the police in relation to the defendant's legal statement E;

1. Each investigation report of F, G, H, I, J, and K respectively, and documentary evidence attached thereto;

1. A petition, details of transfer, details of calculation of retirement allowances, accusation and joint signature, details of calculation of average wages and retirement allowances, details of calculation of average wages and retirement allowances, details of payment of wages, receipts from sources of retirement income, details of payments out of investments, etc., details of input of funds and entry and withdrawal of company accounts, and application of the relevant

1. Article 109(1) and Article 36 of the former Labor Standards Act (wholly amended by Act No. 17326, May 26, 2020); Article 44 Subparag. 1 and Article 9 of the Act on the Guarantee of Workers’ Retirement Benefits (wholly amended by Act No. 17326, May 26, 202);

1. Selection of each fine for the choice of punishment under Articles 40 and 50 of the Commercial Concurrent Act (the amount of unpaid benefits and retirement allowances is high, and the liability for the crime is deemed to be grave, but the defendant is divided in depth, and rather than intentionally paying wages, the defendant suffered disadvantage that the defendant would not jointly participate with the relevant company due to a technology infringement dispute, such as patent, etc. with large enterprises, rather than intentionally paying wages, due to managerial difficulties, which led to the crime of this case. The defendant paid wages, etc. to his employees.

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