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(영문) 창원지방법원 2020.08.11 2020고정246
근로기준법위반등
Text

Defendant shall be punished by a fine not exceeding 2.5 million won.

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

Reasons

Punishment of the crime

The Defendant is the actual representative of Seongbuk-gu building B and D, Sung-gu, Sungwon-si, Changwon-si, and the Defendant is the employer who is a person in charge of the business of operating automated machinery manufacturing using one regular worker.

If an employee dies or retires, the employer shall pay the wages, compensations, and other money and valuables within 14 days after the cause for such payment occurred.

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

Nevertheless, the Defendant is in charge of mechanical design and assembly from August 2, 2017 to November 30, 2019 at the above workplace.

The retired E's wages of 1,875,00, total of 7,500,000 won from August 2019 to November shall not be paid within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without any agreement between the parties on the extension of the due date.

(b) An employer shall, if a worker retires, pay the retirement allowance 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 is in charge of mechanical design and assembly from August 2, 2017 to November 30, 2019 at the above workplace.

The retirement allowance of retired E was not paid 4,323,536 won within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without any agreement between the parties to the extension of the

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes concerning details of transactions and confirmation;

1. Articles 109 (1) and 36 of the Labor Standards Act concerning facts constituting an offense, and Articles 44 subparagraph 1 and 9 of the Guarantee of Workers' Retirement Benefits Act;

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (a violation of the Labor Standards Act concerning payment of each retirement allowance and a violation of the Guarantee of Workers' Retirement Benefits Act);

1. Each selective fine for punishment;

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