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Reasons
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(영문) 인천지방법원 2019.02.15 2018고정1735
근로기준법위반등
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Defendant shall be punished by a fine of KRW 700,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The defendant is a representative of Yeonsu-gu B and C in Incheon, who runs a sports service business using two 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 extenuating circumstances.

Nevertheless, the Defendant did not pay 4,136,80 won, as well as 146,40 won, monthly wage of June 1, 2016, which was worked from June 1, 2016 to January 19, 2018 at the above workplace, within 14 days after retirement without an agreement on extension of the due date, as stated in the attached list of crimes.

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 agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant did not pay KRW 2,323,812 of E's retirement allowances working from June 1, 2016 to January 19, 2018 at the same place of business within 14 days after retirement without an agreement on extension of the due date.

Summary of Evidence

1. Legal statement of witness E;

1. Application of the Acts and subordinate statutes governing the payment passbooks, transactions of accounts, reference witnesses, etc., and teaching time table on the website of the workplace;

1. Article 109(1) and Article 36 of the former Labor Standards Act (amended by Act No. 15108, Nov. 28, 2017); Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (amended by Act No. 15108, Nov. 28, 201);

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. Judgment on the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act

1. The summary of the argument E is real.

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