logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 고양지원 2015.10.30 2015고정901
근로기준법위반등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The defendant is the representative director of JJ Co., Ltd. I, who runs a manufacturing business with 35 full-time workers.

1. When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within fourteen days after the cause for such payment occurred;

Provided, That the date of payment may be extended by an agreement between the parties in special circumstances.

Nevertheless, the Defendant worked from July 1, 2012 to October 31, 2014 at the same place of business and did not pay the retirement worker the total sum of KRW 13,894,460 within 14 days from the date of retirement without agreement on the extension of the due date between the parties, as stated in attached Table 2, 3, 7, 11, and 12, such as the wage 2,89,200, wage 2,89,200, wage 200, wage 200, wage 200, 2014.

2. When a worker dies or retires, the employer shall pay the retirement allowance within fourteen days after the cause for such payment occurred;

Provided, That the date of payment may be extended by an agreement between the parties in special circumstances.

Nevertheless, the Defendant, at the foregoing workplace, worked from July 1, 2012 to October 31, 2014, and did not pay 4,286,680 won in total for two retired workers, such as K's retirement pay 2,865,180 won, within 14 days from the date of retirement without any agreement between the parties on the extension of the due date for payment.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement concerning L/B;

1. Each written petition;

1. Application of Acts and subordinate statutes to report investigation results;

1. Article 109(1) and Article 36 of the Labor Standards Act (which means the payment of wages), Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (which means the payment of retirement allowances) and the choice of each fine concerning criminal facts;

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

1. Selection of a fine for negligence;

arrow