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(영문) 전주지방법원 정읍지원 2017.06.29 2016고정186
근로기준법위반등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The defendant is a representative director of the limited company D in Jung-Eup City, who ordinarily employs more than 40 workers and operates aggregate crushing business.

1. Violation of the Labor Standards Act;

(a) An employer who violates the Labor Standards Act which has not paid wages on a regular payment date shall pay workers wages at least once a month on a fixed date;

The Defendant, from February 9, 2015 to May 17, 2016, did not pay the wages of KRW 1,042,420 for April 2015, and wage of KRW 3,042,420 for June 2015, and wage of KRW 3,041,120 for October 2015 (total KRW 7,125,960) for the monthly regular wage payment day.

(b) If a worker dies or retires, an employer who violates the Labor Standards Act due to overdue payment of wages, etc. shall pay the worker wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred;

The Defendant, from March 30, 2015 to March 1, 2016, had not paid KRW 15,341,918 in total, including KRW 4,059,768 in February 2016 of retired workers F, who worked in the said limited company D, within 14 days from the date of retirement, which is the date of the occurrence of the relevant payment cause, without an agreement between the parties on the extension of payment date, as shown in the list of crimes in the attached Table.

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

The Defendant, from February 9, 2015 to May 17, 2016, did not pay KRW 4,181,683 of the retirement pay of E retired retirement pay to the said limited company D within 14 days from the date of the occurrence of the relevant payment cause, without an agreement between the parties on the extension of the payment date.

Summary of Evidence

1. Statement by the defendant in court;

1. The police statement protocol with respect to G, H and E;

1. Each written petition;

1. The application of Acts and subordinate statutes of the report on internal investigation (the report on the collection of the particulars of arrears).

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