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(영문) 광주지방법원 2014.06.17 2014고정140
근로기준법위반등
Text

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 an employer who has operated D Co., Ltd. with three full-time workers in Gwangju North-gu C.

1. An employer shall, if a worker retires, pay all money or valuables, such as wages, within fourteen days from the date of retirement unless there exists an agreement on extension of the due date between the parties concerned;

Nevertheless, the Defendant worked in the said workplace from April 2, 2012 to March 3, 2013 and retired from the said workplace and did not pay KRW 2,771,510 on November 2, 2012 of E, wages of 2,771,510 won on December 2, 2012, wages of 2,771,510 won on January 2, 2013, wages of 2,71,510 won on February 2, 2013, and wages of 2,771,510 won on November 21, 201 to 3, 201, and paid KRW 1,40,000,000 on January 20, 2013, 200,000,04, 104, 104, 106 days on retirement without agreement between the respective parties.

2. When a worker retires, the employer shall pay him/her retirement allowance within 14 days from the date of such retirement unless there exists an agreement between the parties on extension of the due date.

Nevertheless, the Defendant, while working in the foregoing workplace from November 21, 201 to January 11, 2013, did not pay KRW 3,250,000 to retired workers within 14 days from the date of retirement without an agreement between the parties on the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the relevant Acts and subordinate statutes to the statement statement of E and F;

1. Article 109 (1) of the Labor Standards Act and the main sentence of Article 36 of the same Act concerning criminal facts, and Article 44 subparagraph 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 (F in violation of the Labor Standards Act and the Act on the Guarantee of Workers' Retirement Benefits);

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. The reason for sentencing of Articles 70(1) and 69(2) of the Criminal Act in the custody of a workhouse.

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