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(영문) 대전지방법원 2017.12.20 2017고단3458
근로기준법위반등
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is the actual representative of Daejeon Seo-gu C and 601 Co., Ltd. D who operates a service business.

When a worker dies or retires, an employer shall pay the wages, compensations, retirement allowances, and all other money and valuables within 14 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 wages of KRW 3,645,540 and retirement allowances of KRW 6,318,492 to E retired from the said workplace from around November 1, 2013 to May 31, 2016, and wages of KRW 2,100,000 and retirement allowances of KRW 3,572,877 from the date of retirement to March 31, 2017, without agreement between the parties to the extension of the payment period.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of E and F;

1. A petition and a source collection receipt of retirement income and a wage ledger;

1. Application of statutes to the calculation of average wages and retirement allowances, and written confirmation of arrears with wages;

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. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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;

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