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(영문) 청주지방법원 2019.09.06 2019고정350
근로기준법위반등
Text

Defendant shall be punished by a fine of 1.5 million won.

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

Reasons

Punishment of the crime

The defendant is the representative director of the D Co., Ltd. in the subparagraph C of the building B in Jincheon-gun, Jincheon-gun, Chungcheongnam-gun, who runs manufacturing and export business using two regular workers

1. Where 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 14 days after the cause for such payment occurred, and where there are special circumstances, the due date may be extended by mutual agreement between the parties concerned;

Nevertheless, the Defendant, at the above workplace from February 1, 2018 to January 31, 2019, did not pay the total of KRW 12,526,240,00 as wages of KRW 526,240 in September 2018, and the wage of KRW 12,526,240 in October 2018 to January 2019, within 14 days from the date of retirement without agreement on the extension of the payment date between the parties.

2. An employer who violates the Guarantee of Workers' Retirement Benefits Act shall, when a worker retires, pay retirement allowances within fourteen days from the time when the cause for such payment occurred when the worker retires: Provided, That the payment date may be extended under special circumstances, by mutual agreement between the parties concerned.

Nevertheless, the Defendant worked from February 1, 2018 to January 31, 2019 at the above workplace and did not pay 2,934,782 won of retirement allowance E of retired workers from the above workplace to January 31, 2019 to 14 days from the date of retirement without an agreement between the parties to the extension of the payment date.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Application of employment contract Acts and subordinate statutes;

1. Article 109(1) and Article 36 of the Labor Standards Act applicable to criminal facts, and Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (a point of payment of retirement allowances);

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

1. Selection of an alternative fine for punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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

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