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(영문) 창원지방법원 마산지원 2017.01.18 2016고정455
근로기준법위반등
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

The defendant is the representative director of the D Co., Ltd. in Changwon-si, Msan-si, who operates a comprehensive automobile repair service business.

1. When a worker dies or retires, an employer in violation of the Labor Standards Act shall pay him/her wages, compensations, or other money or valuables within 14 days after the cause for such payment occurred;

Provided, That the payment date may be extended by mutual agreement between the parties in extenuating circumstances.

However, Defendant E did not pay KRW 885,590,00,000,000,000,000 from September 1, 2004 to June 13, 2016, to retired workers E, without agreement on the extension of the due date of payment between the parties, as stated in the attached Table, as well as KRW 222,360,00,000,000,000,000,000,000,000,000,000,000,000,000,000,000

2. An employer who violates the Guarantee of Retirement Benefits for a worker shall pay a retirement allowance within 14 days after the ground for such payment occurred, in case where the worker retires.

Provided, That the payment date may be extended by mutual agreement between the parties in extenuating circumstances.

Even so, the Defendant did not pay KRW 33,856,290 of the retirement allowances E of retired workers while working in the above workplace as above, within 14 days from the date of retirement, which is the date on which the cause for payment occurred, without agreement between the parties to the payment.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of each statute prepared by E;

1. Article 109(1), Article 36 of the Labor Standards Act (which does not pay the annual paid leave allowance) on criminal facts; Article 44 Subparag. 1, and Article 9 of the Guarantee of Workers' Retirement Benefits Act (which does not pay retirement allowance);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The order of provisional payment;

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