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(영문) 광주지방법원 2014.05.20 2014고정519
근로기준법위반등
Text

Defendant shall be punished by a fine of KRW 300,000.

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

Reasons

Punishment of the crime

The Defendant is the employer who operates credit business with three full-time workers as the representative of the Co., Ltd. in Gwangju North-gu.

When a worker retires, the employer shall pay all money and valuables, such as wages, within 14 days from the date of retirement unless there exists an agreement on the extension of the due date between the parties concerned.

Nevertheless, the Defendant did not pay the amount of KRW 1,898,910, totaling KRW 1,032,250 in November 1, 2012 and KRW 1,898,910 in December 2012 to the employees D who worked in the said workplace from January 1, 2006 to December 16, 2012 without any agreement between the parties on the extension of the payment date.

(b) When a worker retires, the employer shall pay the retirement allowance within fourteen days after the cause for such payment occurred; and

Nevertheless, the Defendant did not pay KRW 2,012,470 of D retirement pay from January 1, 2006 to December 16, 2012 to 14 days from the date of retirement without any agreement between the parties on the extension of the payment date.

Summary of Evidence

1. Defendant's legal statement;

1. Partial statement of the police appellant in relation to D;

1. Application of the Acts and subordinate statutes that contain part of the statement made by the police against D and the accused;

1. Article 109(1) and Article 36 of the Labor Standards Act concerning facts constituting an offense, Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act, and selection of fines, respectively;

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

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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