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(영문) 대전지방법원 홍성지원 2019.03.20 2019고단31
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 of the C in Boan City B, who is an employer who operates a manufacturing business using nine full-time workers.

1. The Defendant is working in the foregoing workplace from May 13, 2014 to February 28, 2018.

A retired worker D's total of KRW 36,847,895 of wages and bonuses, including KRW 600,000,000 on September 2016, was not paid within 14 days from the date of retirement without an agreement on the extension of the due date between the parties concerned, as shown in the attached list of crimes.

2. The Defendant introduced a retirement benefit plan that has been determined by the retirement benefit scheme to a worker on July 2014, and thereafter works at the same workplace from May 13, 2014 to February 28, 2018 at the same workplace.

The retirement worker D did not pay KRW 5,313,650 of the unpaid retirement pension due to fixed contribution period, within 14 days from the date of retirement without any agreement between the parties on the extension of the due date.

3. The Defendant is working in the foregoing workplace from July 1, 2004 to March 15, 2018.

The retirement allowance of retired workers E was not paid 27,110,753 won within 14 days from the date of retirement without any agreement between the parties on the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police against D or F;

1. A written confirmation of delayed payment of wages;

1. A detailed statement of settlement and payment of retirement allowances;

1. Business registration certificate;

1. Application of the current status of deposits in retirement pension statutes;

1. Articles 109(1) and 36 of the Labor Standards Act concerning criminal facts, Article 44 Subparag. 1, Article 9, Article 44 Subparag. 2, and Article 20(5) of the Act on the Guarantee of Workers' Retirement Benefits;

1. Articles 40 and 50 (Mutual Crimes against the Violation of the Labor Standards Act with respect to E and the Violation of the Guarantee of Workers' Retirement Benefits Act)

1. Selection of each fine;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

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

1. The order of provisional payment;

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