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(영문) 대전지방법원 2019.05.15 2019고정366
근로기준법위반등
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Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is the actual manager of the D Co., Ltd., located in Daejeon Seosung-gu B building C, who runs a construction business with seven regular workers. A.

When a worker retires, the employer shall pay wages and other money or valuables within 14 days from the date of retirement, unless there exists an agreement between the parties to the extension of the due date for payment.

Nevertheless, the Defendant did not pay the amount of KRW 22,80,710 ( KRW 5,00,000,000 for March 2, 2018, KRW 5,000,000 for April 2018, KRW 5,000,000 for May 2018, and KRW 5,000 for June 6, 2018, KRW 2,809,710 for July 2, 2018, and KRW 710 for July 2, 2018) within 14 days from the date of retirement without agreement on the extension of the payment deadline between the parties.

(b) When a worker retires, the employer shall pay retirement allowances within 14 days from the date on which any cause for such payment occurred, unless there exists an agreement between the parties to extension of the due date.

Nevertheless, from November 201, 2017 to December 23, 2018, the Defendant worked as the head of the site office to which the said workplace belongs, and did not pay KRW 5,121,180 of retirement allowances of E retired from office within 14 days from the date of retirement without an agreement between the parties on the extension of the payment deadline.

Summary of Evidence

1. Defendant's legal statement;

1. 각 평균임금 및 퇴직금 �정서

1. Application of the Acts and subordinate statutes to each statement or undertaking;

1. Article 109 (1), Article 36 of the Labor Standards Act, Article 44 subparagraph 1, or Article 9 of the Act on the Guarantee of Workers' Retirement Benefits, concerning facts constituting an offense;

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

1. Selection of each alternative fine for punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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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