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(영문) 대전지방법원 2020.10.22 2019고정66
근로기준법위반등
Text

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

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

Reasons

Punishment of the crime

The Defendant, as the representative of Daejeon P building and D located in Daejeon P building, was employed by two full-time workers and operated service business. A.

When a worker 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, from June 15, 2016 to August 14, 2018, did not pay the wages of KRW 1,573,640 from August 1, 2018 to August 14, 2018 of retired workers E, within 14 days from the date of retirement without an agreement between the parties on the extension of the due date.

(b) 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 worked in the above workplace from June 15, 2016 to August 14, 2018, and did not pay KRW 7,421,053 of retired workers E within 14 days from the date of retirement without agreement between the parties on the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the calculation of the retirement allowances of the police officers to E, details of the insured retirement allowances, and details of deposits received by passbook;

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

1. Selection of a fine for selective punishment under Articles 40 and 50 of the Criminal Act (Punishments imposed on a violation of the Guarantee of Workers' Retirement Benefits Act with heavier penalty)

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 of the provisional payment order;

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