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(영문) 전주지방법원 군산지원 2017.07.12 2017고정121
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 the representative director of C Co., Ltd. in Gunsan City, who employs 15 full-time workers and operates food manufacturing business.

1. An employer in violation of the Labor Standards Act shall, when a worker dies or retires, pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred, and extend the date by mutual agreement between the parties concerned, if any special circumstance exists;

Nevertheless, the Defendant, who retired from office from August 4, 2015 to August 31, 2016, did not pay KRW 20,275,930,00 in total, including KRW 3,175,960, such as wages of KRW 1,587,980 on July 7, 2016, and wage of KRW 1,587,980 on August 8, 2016, and KRW 3,175,960, as indicated in the list of crimes in the attached Table, within 14 days from the date of retirement, without any agreement between the parties on the extension of the payment date.

2. An employer who violates a guarantee of retirement benefits for a worker shall, in cases where the worker retires, pay the retirement allowance within 14 days after the ground for such payment occurred, and extend the payment date by mutual agreement between the parties concerned in special circumstances;

Nevertheless, the Defendant, as well as KRW 1,672,620 of D’s retirement allowances, retired from office from August 4, 2015 to August 31, 2016, did not pay KRW 3,731,680, total amount of retirement allowances of two retired workers (D, F) within 14 days from the date of retirement without any agreement between the parties on the extension of payment period, as shown in the list of crimes in the attached Form.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to H, F, I, E, or D;

1. Written Statement;

1. Application of Acts and subordinate statutes to each written petition, petition list, each service contract, benefit ledger, details of passbook transactions, average wages and retirement allowances calculation statement;

1. Article 109(1) and Article 36 of the Act on the Standards of Wage and Wages for Criminal Facts, and Article 44 of the Act on the Guarantee of Workers’ Retirement Benefits.

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