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(영문) 대구지방법원 경주지원 2019.01.16 2018고정111
근로기준법위반등
Text

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 is the representative of the C Co., Ltd. in the racing-si, who is an employer who operates the manufacturing business with approximately thirty full-time workers.

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 works in the above company's workplace.

On December 29, 2016, an employee D who retired from office on December 29, 2016 failed to pay KRW 29,373,875, respectively, within 14 days from the date of each retirement, as shown in the attached list of crimes (1), including KRW 4,131,109, as well as KRW 4,131,109, respectively.

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 works in the above company's workplace.

On December 29, 2016, the retirement pay of 9,266,670 won to retired workers D's retirement pay of 34,567,622 won in total, as shown in the list of crimes (2) in attached Form 2, including the payment of 9,26,67,620 won, respectively, within 14 days from the date of each retirement.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement and written statement;

1. Application of Acts and subordinate statutes to the calculation statement of each delayed amount and retirement allowance;

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

1. Articles 40 and 50 of the Criminal Act for each ordinary competition;

1. Selection of each alternative fine for punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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.

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