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(영문) 의정부지방법원 2018.05.15 2017고단3794
근로기준법위반등
Text

Defendant shall be punished by a fine of 2.5 million won.

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

Reasons

Punishment of the crime

The defendant is the actual representative of B in the Gyeonggi-do, who is an employer who operates a small-scale and internal household manufacturing company using one full-time worker.

1. When a worker dies or retires from office, the employer who has violated the Labor Standards Act shall pay the wages, compensations, and all other money and valuables within 14 days from the date on which the cause for such payment occurred, unless the parties have agreed to extend the period of payment;

Nevertheless, the Defendant did not make an agreement on the total of KRW 1,50,00 in December 2015, 2015, including KRW 1,693,549 in January 1, 2016, and KRW 3,193,549 in the said place of business, and KRW 2,457,44 in July 2, 2015 to August 23, 2016, including KRW 1,401,40,862 in August 1, 2016, and KRW 1,50,40 in total, and KRW 1,50,00 in the said place of business, until January 15, 2016; and KRW 1,401,862 in the said place of business; and KRW 1,54,00 in the said place of business until August 14, 2016; and KRW 16,34,516 in the said place of business;

2. When a worker in violation of the Guarantee of Retirement Benefits of Workers retires, the employer shall pay the worker a retirement allowance within 14 days from the date of such retirement, unless otherwise agreed on the extension of the payment period;

Nevertheless, the Defendant did not pay KRW 3,059,097 of the retirement allowance, which was worked from January 2, 2015 to August 23, 2016 at the above workplace, within 14 days from the date of retirement, even though there was no agreement between the parties on the extension of the payment date.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Each written statement of D and E;

1. Application of Acts and subordinate statutes to the calculation of average wages and retirement allowances;

1. Articles 109(1) and 36 of the Labor Standards Act for the relevant Act on criminal facts, and subparagraphs 1 and 9 of Article 44 of the Guarantee of Workers' Retirement Benefits Act (which shall not be paid for retirement);

1.Article 40 of the Criminal Code of Trade and Trade.

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