logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 서부지원 2019.08.23 2018고단2752
근로기준법위반등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

Of the facts charged in the instant case, the part concerning D, E, F, and G-related violation of the Labor Standards Act, and violation of the Guarantee of Workers' Retirement Benefits Act was dismissed on May 10, 2019.

The defendant is the representative of corporation C in Gangseo-gu Busan, who runs food processing manufacturing business with ten full-time workers.

1. When a worker dies or retires, the employer shall pay wages and other money and valuables within 14 days from the date on which the cause for such payment occurred, unless otherwise agreed by the parties concerned about the extension of the due date;

Nevertheless, the Defendant did not pay the total amount of KRW 2,460,640 to retired workers H who worked from the above workplace from August 16, 2012 to June 1, 2018 at the above workplace, and did not pay KRW 11,917,300,000 for the total amount of money and valuables in arrears of each individual, as stated in the detailed statement of the money and valuables in arrears of each individual, within 14 days from the date of each retirement.

2. When a worker retires, the employer shall pay the retirement allowance within 14 days from the date on which the cause for such payment occurred, unless agreed by the parties to the extension of the due date.

Nevertheless, the Defendant did not pay KRW 38,964,802, including KRW 7,896,595, as well as KRW 38,964,800, in total, to five employees, within 14 days from the date of each retirement, as stated in the detailed statement of the money and valuables in arrears in

Summary of Evidence

1. Defendant's legal statement;

1. A H statement;

1. Details of the amount in arrears, payment details of wages, calculation of retirement allowances (investigative records, 14 pages), and calculation results of each retirement allowance;

1. Application of Acts and subordinate statutes to report data obtained;

1. Article 109 (1), Article 36 of the Labor Standards Act concerning facts constituting an offense, Article 44 subparagraph 1, or Article 9 of the Act on the Guarantee of Workers' Retirement Benefits;

1. Violation of the Labor Standards Act with respect to the same worker under Articles 40 and 50 of the Trade Union Act.

arrow