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(영문) 의정부지방법원 2017.02.14 2016고단1914
근로기준법위반등
Text

Defendant shall be punished by a fine of KRW 4,500,000.

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

Reasons

Punishment of the crime

The defendant is a person who is a manager of D, Co., Ltd., Ltd., located in the two weeks of the game and conducts a logistics packaging dispatch agency business using ten full-time workers.

1. An employer in violation of the Labor Standards Act shall, when a worker dies or retires, pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred, unless the parties have agreed on the extension of the due date for payment;

Nevertheless, the Defendant did not make an agreement between the parties on the extension of the period of retirement within 14 days, even though there was no agreement between the parties on the extension of the period of retirement, as to the payment of the wages of 560,000 won in December 2012, 2012, the wage of 560,000 won in December 1, 2013, the wage of 1,200,2000 won in February 2013, 2013, the wage of 1,200,200,000 won in April 1, 2013, the wage of 1,200,000 won in May 30, 2013, the wage of 1,200,000 won in June 1, 2013, and the total of 7,760,000 won in June 1, 2013.

2. When a worker dies or retires, the employer who violates the Guarantee of Retirement Benefits of the worker shall pay the wages, compensations, and all other money and valuables within 14 days after the cause for such payment occurred, unless the parties have agreed to extend the due date of payment;

Nevertheless, the Defendant did not pay the retirement allowance of KRW 1,238,836, which was worked from June 15, 2012 to June 30, 2013 at the above workplace, within 14 days from the date of retirement, although there was no agreement between the parties on the extension of the payment deadline between the parties.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of police statement protocol to E;

1. Articles 109(1) and 36 of the Labor Standards Act for the relevant Act on criminal facts, and subparagraphs 1 and 9 of Article 44 of the Guarantee of Workers' Retirement Benefits Act (which shall not be paid for retirement);

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

1. Selection of an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The order of provisional payment;

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