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(영문) 대전지방법원 2014.12.18 2014고정1588
근로기준법위반등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The defendant is the representative of the Daejeon Sung-gu building No. 528, who is a user who operates a flight vessel design business using 25 full-time workers.

1. When a worker dies or retires, the 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 8,00,000 won, including the sum of 80,00,000 won monthly wage for September 2013 and 1,80,000,000 won for each month from October to February 2014, 2014, which had been employed by employees from February 25, 2013 to February 28, 2014 at the same place of business, within 14 days from the date of the occurrence of the cause for the payment without agreement between the parties to the payment and the date of February 2014.

2. An employer who violates the Guarantee of Workers' Retirement Benefits Act shall, in case where a worker retires, pay him a retirement allowance within fourteen days from the date when 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 11,464,773 of the three workers' retirement allowances as stated in the attached Table, including KRW 1,819,726 of the above worker D's retirement allowances, within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without any agreement between the parties to the payment.

Summary of Evidence

1. Defendant's legal statement;

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

1. Application of Acts and subordinate statutes on corrective instructions;

1. Article 109 (1) and Article 36 of the Labor Standards Act concerning facts constituting an offense, and Articles 109 (1) and 36 of the same Act, Article 44 subparagraph 1 and 9 of the Guarantee of Workers' Retirement Benefits Act, and each

1. Aggravation for concurrent crimes;

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