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Reasons
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(영문) 광주지방법원 목포지원 2018.07.06 2018고정56
근로기준법위반등
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Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The Defendant, without being registered as a separate business operator, is a person who runs a manufacturing business (for the purpose of vessel block) by receiving 10 full-time workers on a subcontract from a limited company C located in the Southern Cancer Group B.

1. If an employee in arrears dies or retires, the employer shall pay him/her wages, compensations, and all other money and valuables within 14 days after the cause for such payment occurred;

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

Nevertheless, the Defendant did not pay KRW 1,642,080 for the annual unused allowance on April 2016, 2016 of Workers D, which had been employed in contact with each other from April 4, 2014 to April 25, 2017, and KRW 1,642,080 for the annual unused allowance on April 2017, and KRW 5,035,712 for the annual unused allowance at the time of retirement from April 2017, without agreement on the extension of the payment period between the parties.

2. An employer who fails to pay a retirement allowance shall pay a retirement allowance within 14 days from the date on which the grounds for payment occur, in cases where the employee retires.

Provided, That the payment date may be extended by mutual agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant did not pay the retirement allowances of KRW 8,675,692 from April 4, 2014 to April 25, 2017 within 14 days from the date of his/her retirement without an agreement on the extension of payment deadline.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Each police statement made to D or E;

1. Application of Acts and subordinate statutes to a petition, an access subcontract agreement, a report on internal investigation ( obtaining a true D public check), and a report on investigation (revision of overdue money and valuables);

1. Article 109(1) of the former Labor Standards Act (wholly amended by Act No. 15108, Nov. 28, 2017) on criminal facts.

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