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(영문) 대전지방법원 2015.04.22 2015고단468
근로기준법위반등
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a DNA representative in Chungcheongnam-gun, Chungcheongnam-gun, who employs 17 full-time workers and operates a mechanical processing business.

1. When a worker dies or retires, the employer in violation of the Labor Standards Act shall pay the wages, compensations, and other money or valuables within fourteen days after the cause for such payment occurred;

Nevertheless, the Defendant is working from October 4, 2013 to August 25, 2014 at the above workplace.

As stated in the detailed statement of the money and valuables in arrears, including the total amount of 8,032,580 won in June, July, August, 2014, retired E, the total amount of 52,46,340 won in arrears was not paid within 14 days from the date of retirement without any agreement on extension of the due date.

2. An employer who violates the Guarantee of Workers' Retirement Benefits Act shall, in case where a worker retires, pay the retirement allowance within fourteen days after the cause for such payment occurred; and

Nevertheless, the Defendant is working from January 6, 2011 to August 25, 2014 at the above workplace.

As stated in the detailed statement of the money and valuables in arrears of the retired FF's retirement allowance of KRW 11,437,662, the total amount of KRW 19,256,102 for three retired workers was not paid within 14 days from the date of retirement without any agreement on extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement to G, H, I, J, and K;

1. Each written petition;

1. Application of a detailed statement of overdue money and valuables to Acts and subordinate statutes;

1. Article 109(1) and Article 36 of the Labor Standards Act concerning criminal facts; Article 44 subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act;

1. Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (workers F, K and J, each violation of the Labor Standards Act against workers F, K and J, and each violation of the Guarantee of Workers' Retirement Benefits Act);

1. Each selective fine of punishment (including the degree of punishment of some workers, reasons why the punishment is not paid, the amount of money and goods, and the fact that a person has no criminal record of the same kind of power

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 of the Criminal Act, and Article 50 of the same Act.

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