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(영문) 인천지방법원 2018.02.02 2017고정2288
근로기준법위반등
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

The defendant is a user who runs a convenience store using three full-time workers in Dong-gu Incheon Metropolitan City C.

(a) When a worker dies or retires, the employer shall pay the wages, compensations, and all other money or valuables within 14 days after the cause for such payment occurred;

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

Nevertheless, the Defendant did not pay the wages of KRW 877,00 from March 28, 2017 to April 12, 2017, which is the last working period of E, from the said place of business, to the said place of business, within 14 days from the date of retirement without agreement between the parties to the extension of payment deadline.

(b) An employer shall pay a retirement allowance within 14 days after the grounds for payment occur, if the employee retires;

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

Nevertheless, the defendant worked in the above workplace from July 7, 2014 to April 12, 2017, and did not pay 4,145,205 won of retirement pay of E that retired from the workplace within 14 days from the date of retirement without agreement between the parties to the extension of payment deadline.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of the witness E’s legal statement statutes;

1. Articles 109(1) and 36 of the Labor Standards Act for the relevant Act on criminal facts, and subparagraphs 1 and 9 of Article 44 of the Guarantee of Workers' Retirement Benefits Act (which shall not be paid for retirement);

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

1. Selection of an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. Determination as to the assertion of defense counsel under the main sentence of Article 186(1) of the Criminal Procedure Act, which bears the costs of lawsuit

1. E’s defense counsel’s assertion is not discounted from November 25, 2016 to April 12, 2017.

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