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Reasons
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(영문) 의정부지방법원 2020.08.13 2020고정244
근로기준법위반등
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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 a representative director of Gangnam-gu Seoul Metropolitan Government building B or D, located in subparagraph c, who runs a place of business using 11 full-time workers.

1. When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within fourteen 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 working from May 1, 2016 to August 1, 2018 at the above workplace.

Withdrawn’s 2,754,150 won on May 2018 and 4,500,000 won on June 2018 and 4,500,000 won on July 2018, and 11,754,150 won on July 2018 were not paid within 14 days from the date of retirement without agreement between the parties on extension of the due date.

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

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

Nevertheless, the Defendant is working from May 1, 2016 to August 1, 2018 at the above workplace.

The retirement allowance of retired E was not paid KRW 9,913,937 within 14 days from the date of retirement without an agreement between the parties on the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police petitioner to E;

1. Confirmation of the details of each telephone, etc. [No. 14, 17 pages of evidentiary records] shall apply to statutes;

1. Article 109(1) and Article 36 of the former Labor Standards Act (amended by Act No. 17326, May 26, 2020); Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (amended by Act No. 17326, May 26, 202);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

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

1. Article 334(1) of the Criminal Procedure Act provides that a provisional payment order shall be issued.

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