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(영문) 대구지방법원 김천지원 2014.05.08 2014고단136
근로기준법위반등
Text

A defendant shall be punished by a fine of 10 million won.

Where the defendant fails to pay the above fine, one hundred thousand won shall be paid.

Reasons

Punishment of the crime

The Defendant is a legal manager of the Gu and America-si, who is engaged in a manufacturing business with 60 full-time workers.

1. An employer in violation of the Labor Standards Act shall, if a worker retires, pay wages, compensations, and other money or valuables within 14 days from the date of retirement unless there exists an agreement on the extension of the due date for payment between the parties concerned;

Nevertheless, on August 31, 2013, the Defendant did not pay the total of KRW 1,692,660, including the wages, etc. of retired workers D, within 14 days from the date of occurrence of the cause for payment without any agreement on the extension of the due date for payment between the parties, and at that time, did not pay KRW 6,067,060 in total, including the wages, etc. of two employees of the above workplace within 14 days from the date of occurrence of the cause for payment without any agreement on the extension of the due date for payment between the parties.

2. An employer who violates the Guarantee of Workers' Retirement Benefits Act shall, in case where a worker retires, pay the retirement allowance within fourteen days from the date of retirement, unless there exists an agreement between the parties on the extension of the payment date.

Nevertheless, on June 11, 2013, the Defendant did not pay 5,524,770 won of retirement allowance E of retired workers who worked in the workplace at the above workplace without any agreement between the parties on the extension of the due date for payment within 14 days from the date of the occurrence of the cause for payment, and at that time, did not pay 47,907,060 won in total for three employees of the above workplace within 14 days from the date of the occurrence of the cause for payment without any agreement on the extension of the due date for payment between the parties.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. E’s written petition;

1. Application of Acts and subordinate statutes to the calculation details of each retirement allowance (E, D, F), each unpaid amount (D, F);

1. Liquidation of money and goods under Articles 109(1) and 36 of the Labor Standards Act concerning criminal facts; and

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