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(영문) 대전지방법원 서산지원 2018.01.25 2017고정278
근로기준법위반등
Text

1. The sentence against the accused shall be 1,000,000 won;

2.Provided, That this ruling shall not be later than one year from the date on which it became final and conclusive.

Reasons

Punishment of the crime

The Defendant is an employer who operates gas sales and manufacturing business chain C in Chungcheongnam-gun, Chungcheongnam-gun.

1. When an employee in violation of the Labor Standards Act dies or retires, the employer shall pay him/her wages, compensations, and other money or valuables within fourteen days after the cause for such payment occurred;

Nevertheless, the Defendant did not pay KRW 2,301,660 in total amount of workers D wages, including KRW 155,610, Jan. 2, 2014, as well as KRW 2,301,660, from the date of retirement, to March 31, 2015, when he/she was working in the above workplace from August 1, 2007 to March 31, 2015.

2. An employer who violates the Guarantee of Retirement Benefits of a worker shall pay a retirement allowance within fourteen days after the ground for such payment occurred, in case where the worker retires.

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

Nevertheless, the Defendant did not pay KRW 7,695,957 of retirement allowances E of retired workers from the above workplace within 14 days from each retirement date without agreement on the extension of the payment deadline between the parties, as retirement allowances of retired workers D, from August 1, 2007 to March 31, 2015, and as retirement allowances of workers D, from September 3, 2012 to August 4, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. Part of the statement made to the defendant in the protocol of interrogation of the suspect;

1. Each petition of D and E;

1. Application of each benefit Act and subordinate statutes;

1. Article 109 of the relevant Act on Criminal Facts, Articles 109(1) and 36 of the Standards for Optional Labor, Article 44 Subparag. 1 and 9 of the Guarantee of Retirement Benefits for Workers Eligible for Fines, and Selection of fines for a fine;

1. Article 62 (1) of the Criminal Act on the stay of execution (The payment of wages, etc. through the deposit at the latest);

1. Detention in a workhouse (where a sentence of suspension of execution is invalidated or revoked, a fine shall not be paid;

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