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Reasons
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(영문) 인천지방법원 2015.01.30 2014고정4299
근로기준법위반등
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A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

The defendant is the representative director of Dong-gu B and C, Incheon, who runs a service business (educational content development) by using one full-time worker.

1. 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 had worked from March 1, 2012 to February 28, 2014 at the said workplace and retired from the said workplace, and did not pay KRW 1,529,640 as the total of KRW 48,970 in March 1, 2013, KRW 126,80 in April wage, KRW 423,100 in July wage, KRW 319,80 in August wage, KRW 120,870 in December wage, KRW 120,870 in January 2014, KRW 290,100 in February wage, and KRW 200,00 in February wage, within 14 days from the date on which the cause for payment occurred, without an agreement between the parties on the extension of the payment date.

2. An employer shall, if a worker retires, pay the retirement allowance within fourteen days after the cause for such payment occurred.

Provided, That the date of payment may be extended upon agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant had worked from March 1, 2012 to February 28, 2014 at the above workplace and had not paid KRW 4,268,218 of D retirement pay within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, 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. Article 109(1) and Article 36 of the Labor Standards Act applicable to criminal facts, and Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (a point of payment of retirement allowances);

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

1. Selection of an alternative fine for punishment;

1. Article 70 of the former Criminal Act (amended by Act No. 12575, May 14, 2014).

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