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Reasons
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(영문) 인천지방법원 2015.05.28 2014고정3746
근로기준법위반등
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Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

The defendant is the representative C Co., Ltd. located in Namdong-gu Incheon Metropolitan City, who runs a manufacturing business with ten full-time workers.

1. When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred;

Provided, That in special circumstances, the date may be extended by mutual agreement between the parties.

Nevertheless, the Defendant had worked from July 6, 2012 to March 7, 2014 at the above workplace and did not pay the total of KRW 6,710,048 for two retired workers as well as KRW 1,475,620 on January 6, 2014 of D who retired from the said workplace, within 14 days from the date of retirement without any agreement on the extension of the due date between the parties concerned, such as the list of crimes in the attached Form.

2. An employer shall, if a worker retires, pay the retirement allowance within fourteen days after the cause for such payment occurred.

Provided, That the date of payment may be extended by an agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant had worked from July 6, 2012 to March 7, 2014 at the above workplace and had not paid KRW 3,958,33 of D retirement pay within 14 days from the date of retirement without any agreement between the parties on the extension of the due date.

Summary of Evidence

1. Statement of the accused in the second protocol of trial;

1. Application of Acts and subordinate statutes of D and E of each petition;

1. Article 109(1) and Article 36 of the Labor Standards Act as to facts constituting an offense, 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. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69(2) of the former Criminal Act (amended by Act No. 12575, May 14, 2014).

1. Article 334 of the Criminal Procedure Act provides for an order of provisional payment.

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