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(영문) 인천지방법원 2015.06.25 2014고정203
근로기준법위반등
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

The defendant is the user of service business (security program development) by using seven full-time workers, who is the representative director of the EM in Yeonsu-gu, Incheon, 101, 206.

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 the date may be extended by mutual agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant worked from February 23, 2009 to September 30, 201, and did not pay to retired workers F, within 15,900,910 won in total (1,234,238 won in January 1, 201, and 1,833,334 won in each month from February 23, 201 to September 201) within 14 days from the date of retirement (1, 201), which is the date of the occurrence of the cause for payment, without agreement between the parties to extend the due date for payment.

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 if special circumstances exist.

Nevertheless, the Defendant worked in the above workplace from February 23, 2009 to September 30, 201, and worked in F’s retirement pay of 4,667,950 won, and from April 6, 201 to January 31, 2013, and did not pay 2,681,500 won of G retirement pay of retired workers within 14 days from each date on which the cause for payment occurred, without any agreement between the parties to the extension of the payment date.

Summary of Evidence

1. The defendant's legal statement (the statement on the fifteenth trial date);

1. Entry of the accused in each part of the trial records first and eighth times;

1. Partial statement of witness F in the 8th trial record;

1. The police statement concerning F;

1. The application of F (Korean 2)-related Acts and subordinate statutes to the petition;

1. Articles 109(1), 36(1), and 109(1), and 36 of the Labor Standards Act for criminal facts, respectively.

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