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(영문) 인천지방법원 2014.07.25 2014고정2155
근로기준법위반등
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Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The defendant is the representative of the C company located in Nam-gu Incheon Metropolitan City, who is an employer who operates the business of manufacturing wooden machinery with 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 the date may be extended by mutual agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant did not pay KRW 5,13,080 from the date of retirement within 14 days from the date of retirement, without agreement between the parties to the extension of the due date for payment, as the sum of D’s wage 1,750,200 won in January 2013, and the monthly wage 2,776,260 won in February of the same year, and the monthly wage 606,620 won in March of the same year.

2. When a worker dies or retires, the employer shall 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.

Nevertheless, the Defendant did not pay KRW 12,124,220 of D retirement pay within 14 days from the date of retirement, which he/she worked in the above workplace from October 8, 2007 to March 8, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

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. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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