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Reasons
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(영문) 수원지방법원 2016.11.17 2015고정3022
근로기준법위반등
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Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

The defendant is the C representative director, Co., Ltd. located B, who runs the manufacturing business with ten full-time workers.

When a worker 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.

1. The Defendant had worked from April 7, 2014 to April 14, 2015 at the same place of business, and had retired D’s wages of KRW 2,309,060 in March 2015, and had not paid KRW 1,137,859 in April 2015, annual unused allowances of KRW 543,320 in April 2015, year-end refund money of KRW 49,810 in total, and KRW 4,040,049 in arrears within 14 days from the date of retirement without any agreement between the parties on extension of the due date.

2. The Defendant, as described in the foregoing paragraph 1, did not pay KRW 2,346,302 of D retirement pay within 14 days from the date of retirement without agreement between the parties on the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on July 15, 2015 of D Notarial Statements

1. Articles 109(1) and 36 of the Labor Standards Act applicable to criminal facts, and subparagraphs 1 and 9 of Article 44 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. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act for sentencing of Article 334(1) of the Criminal Procedure Act include: (a) the Defendant recognized the instant crime and reflects the fact that the Defendant, at a similar time, was punished by a fine of KRW 5 million due to the same crime committed against six other employees of the stock company C, which retired at a similar time (this Court Decision 2015No. 2134), and (b) simultaneously with the instant case, the sentence is determined as per Disposition

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