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(영문) 대전지방법원 천안지원 2014.11.28 2014고정768
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, as a representative of the ASEAN comprehensive construction in the Asia-si, is an employer who runs a construction business by employing six full-time workers.

1. When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables 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 is working from August 3, 2012 to February 5, 2014.

A retired worker D’s total amount of KRW 7,473,50 on December 2, 2013, KRW 3,400,000, KRW 3,400 on January 2, 2014, and KRW 673,50 on February 2, 2014, did not pay KRW 7,473,50 on each payment date within 14 days from the date of occurrence of each payment cause without an agreement between the parties on the extension of the due date.

2. An employer shall, if a worker retires, pay the retirement allowance within fourteen days after the cause for such payment occurred.

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

Nevertheless, the Defendant is working from August 3, 2012 to February 5, 2014.

Retirement allowance of 5,082,822 won has not been paid to retired workers D within 14 days from the date of occurrence of the cause for payment without any agreement between the parties to the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes concerning D police statements;

1. Article 109 (1) and Article 36 of the Labor Standards Act concerning facts constituting an offense, and Article 44 subparagraph 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (a point of payment of unpaid 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.

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