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(영문) 인천지방법원 2019.02.15 2018고정2690
근로기준법위반등
Text

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

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

Reasons

Punishment of the crime

The defendant is the representative of the F Co., Ltd. in Seo-gu Incheon, and is an employer who runs a distribution business using ten 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, G’s working hours from December 28, 2016 to July 24, 2018 at the same place of business was 416,66 won of August 8, 2018, and H’s working hours from June 20, 2018 to August 3, 2018, wages of KRW 870,300 of August 8, 2018, and KRW 1,286,966 of the same year was not paid within 14 days from the date of retirement when the cause for the payment occurred 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 agreement between the parties in extenuating circumstances.

Nevertheless, the defendant works from December 28, 2016 to July 24, 2018.

The retirement allowance of retired G was not paid KRW 3,939,525 within 14 days from the date of withdrawal without an agreement between the parties on the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning G and C;

1. A H statement;

1. Application of Acts and subordinate statutes on the current status of payment of benefits, details of transactions, certificates of withdrawal, and statements of retirement allowances;

1. Article 109 (1), Article 36 of the Labor Standards Act concerning facts constituting an offense, and Article 44 subparagraph 1, and Article 9 of the Guarantee of Workers' Retirement Benefits Act (a point where payment of retirement allowances is not made);

1. Articles 40 and 50 (G Violation of the Labor Standards Act, violation of the Guarantee of Workers' Retirement Benefits Act, and punishment on the violation of the heavier Labor Standards Act) of the ordinary concurrent crimes;

1. Optional penalty:

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