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(영문) 전주지방법원 정읍지원 2016.02.02 2015고정162
근로기준법위반등
Text

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

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

Reasons

Punishment of the crime

The Defendant is a user who runs a pipe manufacturing business by employing three full-time workers as the representative of the (State) C in the former North Chang-gun B.

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.

However, the Defendant did not pay 15,73,970 won in total, including D’s wage 241,450, retired from his/her place of business from June 2, 2008 to February 28, 2015, for 14 days from the date of his/her retirement, without any agreement on the extension of the payment period between the parties, as well as the details of money and valuables in arrears 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 may be extended by mutual agreement between the parties in extenuating circumstances.

However, the Defendant did not pay KRW 29,037,070 as well as KRW 15,243,380 of D retirement pay, which was retired from the Defendant’s workplace from the said workplace from June 2, 2008 to February 28, 2015, within 14 days from the date of retirement without any agreement on the extension of the payment period between the parties concerned, as well as the details of money and valuables in arrears attached hereto.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. Report on the criminal place;

1. Application of Acts and subordinate statutes reporting investigation results;

1. Article 109(1) and Article 36 of the Labor Standards Act (a point of payment of wages) of the relevant Act on criminal facts, and Article 44 Subparag. 1 and Article 9 of the Guarantee of Retirement Benefits for Workers (a point of payment of unpaid wages);

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

1. Selection of a selective fine for punishment - The defendant's time to commit the instant crime and reflects it, and the management of the defendant's company.

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