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Reasons
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(영문) 의정부지방법원 2018.02.13 2016고정43
근로기준법위반등
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Defendant shall be punished by a fine of KRW 300,000 (three thousand).

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

Reasons

Punishment of the crime

The Defendant, as the representative director of the “C stock company” corporation in Guri-si B, is an employer who runs transportation business using 30 full-time workers.

The Defendant did not pay a total of KRW 1,546,460 (346,460 annual leave allowances of KRW 1,200,000) of D’s wages, etc. (346,460,000, annual leave allowances of KRW 1,200) that he/she retired while working in the said workplace from June 1, 201 to October 2, 2013 within 14 days from the date of retirement without agreement between the parties on the extension of the payment period.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of D;

1. Allowances not used on annual leave;

1. Application of Acts and subordinate statutes to the details of overdue debts;

1. Article 109 (1) and Article 36 of the Act on the Standards for Preliminary Labor for Criminal Facts and Articles 109 (Selection of Punishment) of the same Act;

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

1. Determination on the assertion by the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act

1. With respect to deduction 1,200,000 won for traffic accident, the Defendant paid wages after deducting a total of KRW 1,200,000 from the basic monthly wage that the Defendant pays to D, on the ground of an agreement to deduct a certain amount (total of KRW 600,000 between KRW 20,000 and KRW 3 months) from the driver of the accident in the event of a traffic accident.

However, the above mutual aid agreement is null and void because it is not allowed in light of the provisions of Articles 20 and 43 of the Labor Standards Act.

2. According to the evidence in its holding regarding annual leave allowances of KRW 346,460,460, the Defendant did not pay D annual leave allowances of KRW 346,460 (total annual leave allowances of KRW 1,018,460 - annual leave allowances of KRW 672,00).

The acquittal portion

1. The summary of this part of the facts charged is that the Defendant did not pay KRW 1,381,140 of D’s retirement pay from June 1, 201 to October 2, 2013 within 14 days from the date of retirement without any agreement between the parties on the extension of the payment period.

2. On the other hand, a public prosecutor shall make available to D the defendant 5,635.

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