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(영문) 광주지방법원 2019.07.05 2019고정341
근로기준법위반등
Text

Defendant shall be punished by a fine of two 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 Seo-gu building in Gwangju and the five-story, who runs a service business by using eight full-time workers.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money and 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 is working from March 20, 2018 to August 31, 2018 at the above workplace.

The retirement worker D's wage of 6,479,560 won, including 630,375 won in July 2018, was not paid respectively within 14 days from each retirement day, which is the date of the occurrence of the cause for payment, without any agreement between the parties on the extension of the payment.

(b) 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, the Defendant is working from August 31, 2015 to September 18, 2018 at the above workplace.

The retirement allowance of retired workers E was not paid 5,302,010 won within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without agreement between the parties to the extension of the payment

Summary of Evidence

1. Defendant's legal statement;

1. Application of the respective Acts and subordinate statutes of D and E;

1. Article 109(1) and Article 36 of the Labor Standards Act as to facts constituting an offense, 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 each alternative fine for punishment;

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 order of provisional payment;

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