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Reasons
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(영문) 대전지방법원 2019.06.07 2019고단1271
근로기준법위반등
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Defendant shall be punished by a fine of five million won.

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

Reasons

Punishment of the crime

The defendant is the representative of Seo-gu Daejeon, who is a user who runs restaurant business with five regular workers.

1. When a worker dies or 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 did not pay 15,149,220 won, including D’s wage 787,500 won on September 17, 2017, to November 3, 2018, which served as a kitchen at the above workplace, within 14 days from the date of retirement without agreement between the parties, as shown in the list of crimes in the attached Table.

2. 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 did not pay the total amount of KRW 4,938,317 of the retirement allowances of two workers within 14 days from the date of retirement without agreement between the parties concerned, as well as KRW 3,054,910 of D retirement allowances, which served as a kitchen worker from July 17, 2017 to November 3, 2018, as well as KRW 4,938,317 of the attached crime list.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Each police statement made to E, F, D, G, H, and I;

1. Application of Acts and subordinate statutes to the details of arrears and calculation of retirement allowances;

1. Article 109(1) and Article 36 of the Labor Standards Act concerning criminal facts; Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each alternative fine for punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 70(1) of the Criminal Act for the detention of a workhouse.

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