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(영문) 광주지방법원 목포지원 2019.07.19 2019고정7
근로기준법위반등
Text

Defendant shall be punished by a fine of 1.5 million won.

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

Reasons

Punishment of the crime

The defendant, as the representative of the limited liability company C in Yong-Namnam-gun, is a user who conducts ship manufacturing business using 50 full-time workers.

Where an employee retires, the employer shall pay the retirement allowance within 14 days from the date of occurrence of the cause for payment, but the Defendant did not pay the retirement allowance of the employee D from March 24, 2015 to June 30, 2017, including KRW 1,667,879 of the retirement allowance of the retired employee D and the retirement allowance of KRW 8,216,835 of the retirement allowance of the retired employee within 14 days from the date of his/her retirement without agreement between the parties to the extension of the due date for payment, such as details Nos. 2, 5, 9.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Application of each relevant statute;

1. Article 44 of the Act on the Guarantee of Workers' Retirement Benefits and Articles 44 subparagraph 1 and 9 of the Act on the Guarantee of Workers' Retirement Benefits Selection concerning facts constituting an offense;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The dismissal part of the prosecution under Article 334 (1) of the Criminal Procedure Act

1. Summary of the facts charged

A. In the event that an employee dies or retires, the employer shall pay the wages, compensations, and other money and valuables within 14 days from the date when the cause for such payment occurred, but the Defendant did not pay the total amount of KRW 700,245,00 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, as stated in the list of crimes in the attached Table, including KRW 14,771, as well as KRW 14,771, as stated in the above facts constituting an offense, at the place of business indicated in the above facts constituting an offense.

B. When a worker retires, the employer shall pay the retirement allowance within 14 days from the date of occurrence of the cause for the payment, 24,182,07 won in total, including the retirement allowance table Nos. 1,3,4,6,7, and8.

A person shall be appointed.

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