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Reasons
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(영문) 전주지방법원 정읍지원 2019.07.18 2019고정16
근로기준법위반등
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A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

[2019 fixed-term 57] The Defendant is an employer who operates ready-mixed manufacturing business by employing ten full-time workers as an operator of the company operating the company for the settlement of disputes, which is in the F of Jung-Eup. A.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money and 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 December 1, 2017 to December 8, 2018 at the above workplace.

H’s 1,466,60 won in November 2018 and 258,060 won in December, 2012, did not pay 1,724,720 won in total within 14 days from the date of retirement without any agreement between the parties on the extension of the due date.

(b) 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 is working from December 1, 2017 to December 8, 2018 at the above workplace.

The retired H's retirement pay of KRW 1,748,950 was not paid within 14 days from the date of retirement without any agreement between the parties on the extension of the due date.

Summary of Evidence

[2019 fixed-term57]

1. Defendant's legal statement;

1. A statement and a written petition of H;

1. Application of Acts and subordinate statutes to confirmation of telephone, etc.;

1. Article 109(1) and Article 36 of the Labor Standards Act applicable to criminal facts, and Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (a point of payment of 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. The dismissal part of the prosecution under Article 334 (1) of the Criminal Procedure Act

1. The summary of the facts charged [2019 high-level 16] The Defendant is a person in charge of the G in Jung-gu, Jung-gu.

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