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(영문) 수원지방법원 성남지원 2018.04.13 2018고정125
근로기준법위반등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The defendant is the representative director of the 813 E, Dong-dong, Dong-dong, Sungnam-si, Sungnam-si, who runs software development and supply business using 23 full-time workers.

1. When a worker dies or retires, an employer in violation of the Labor Standards Act 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 did not pay KRW 11,331,280, total sum of F’s wages and annual settlement refunds, which had been employed from September 16, 2015 to May 31, 2017 at the same place of business, within 14 days after retirement, and did not pay KRW 21,585,790, including four workers’ wages, as indicated in the attached crime list, within 14 days from the date of each retirement without any agreement on the extension of the payment period between the parties.

2. An employer who violates the Guarantee of Retirement Benefits for a worker shall pay a retirement allowance within 14 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 7,107,750 of F’s retirement allowances working in the above workplace from September 16, 2015 to May 31, 2017 within 14 days from the date of retirement and did not pay KRW 15,362,62,620 in total for three employees within 14 days from the date of each retirement without any agreement on the extension of the payment period between the parties, as shown in the list of crimes in the attached Table.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a true statement and a true statement;

1. Article 109(1) and Article 36 of the Act on the Standard Labor Standards for Criminal Fact-finding, and Article 44 subparag. 1 of the Act on the Guarantee of Retirement Benefits for Workers.

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