logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2014.09.26 2014고정2283
근로기준법위반등
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

The Defendant, as the representative of the “C” located in Nam-gu Incheon Metropolitan City, is an employer who ordinarily employs 15 workers and operates a health business.

1. When a worker dies or retires, the employer shall pay the wages, compensations, and other money or 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 did not pay KRW 1,347,70 on June 14, 201 to September 24, 2013 of D’s wage of 673,850 won on June 6, 2013, and wage of 673,850 won on July 2013 within 14 days from the date of retirement without an agreement on the extension of the due date between the parties.

2. When a worker retires, the employer shall pay the retirement allowance 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 did not pay KRW 4,523,820 of D retirement pay from June 14, 201 to September 24, 2013 at the same place of business within 14 days from the date of occurrence of the cause for payment without agreement between the parties on the extension of the due date.

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. Application of the police statement law to D;

1. Article 109(1) and Article 36 of the Labor Standards Act applicable to criminal facts, and Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (a point of payment of retirement allowances);

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. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

arrow