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Reasons
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(영문) 수원지방법원안산지원 2020.10.07 2020고정716
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 full-time worker, who is the representative of the Dispute Resolution Co., Ltd and the branch E of the C branch in Gangnam-gu Seoul Metropolitan Government D and operates the manufacturing industry by using 40 full-time workers.

1. When a worker retires, the employer shall pay the wages, compensations, and all other money and valuables within fourteen days after the cause for such payment occurred;

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

Nevertheless, the Defendant did not pay KRW 2,891,667 within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, in total, KRW 1,66,67 of F’s working hours from September 20, 2014 to March 31, 2017, including KRW 1,66,667, and bonus 1,225,00 on January 2016.

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 of payment may be extended by an agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant did not pay KRW 8,860,273 of the F's retirement allowance under paragraph (1) within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without agreement between the parties to the extension of the payment

Summary of Evidence

1. Application of Acts and subordinate statutes to the accused’s legal statement F (No. 8,13), and G (No. 21) to the details of confirmation (No. 17) such as the average wage and retirement allowance calculation statement of each police officer’s statement, and the telephone, etc.;

1. Article 109(1) and Article 36 of the former Labor Standards Act (amended by Act No. 15108, Nov. 28, 2017); Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (amended by Act No. 15108, Nov. 28, 201);

1. Selection of a fine for elective punishment under Articles 40 and 50 of the Criminal Act among the ordinary concurrent crimes;

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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