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Reasons
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(영문) 의정부지방법원 2020.12.21 2020고단4193
근로기준법위반등
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Defendant shall be punished by a fine of KRW 2,500,000.

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

Reasons

Punishment of the crime

The defendant is the representative director of the Co., Ltd. in Gyeonggi-si, and is an employer who runs a manufacturing business using six regular workers.

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

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

Nevertheless, the Defendant, on May 26, 2019, did not pay the total of KRW 10,790,332, as shown in the attached Table of Crimes, as well as KRW 200,00 of the wages in March 2018, which retired from the said place of business on March 26, 2019, within 14 days from the date of retirement without agreement between the parties to the extension of the due date.

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

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

Nevertheless, on May 26, 2019, the Defendant did not pay KRW 12,516,451 of D's retirement pay retired from the said place of business within 14 days from the date of retirement without agreement between the parties to the extension of the due date.

Summary of Evidence

1. Police suspect interrogation protocol of the defendant's oral statement;

1. Statement made to D by the police;

1. A detailed statement of overdue money and valuables;

1. Application of Acts and subordinate statutes to the calculation of average wages and retirement allowances;

1. Article 109(1) of the Labor Standards Act applicable to criminal facts; Article 36 of the former Labor Standards Act (amended by Act No. 17326, May 26, 2020); Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (which refers to unpaid retirement allowances)

1. Selection of a fine for elective punishment under Articles 40 and 50 of the Criminal Act among the ordinary concurrent crimes;

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

1. The defendant's unpaid wages and grounds for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order.

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