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(영문) 대구지방법원 서부지원 2019.01.22 2018고정505
근로기준법위반등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The defendant is the representative of the Criju station located in Seogu, Daegu, who is an employer who employs three full-time workers and operates the gas station business.

When a worker 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 of payment may be extended by an agreement between the parties in extenuating circumstances.

Nevertheless, the suspect has worked from December 15, 2015 to January 18, 2018 at the above workplace.

Withdrawn’s wages of KRW 587,274, Jan. 2018, as well as KRW 17,002,441, respectively, were not paid within 14 days from the date of each retirement without agreement between the parties concerned, as shown in the separate list of crimes.

(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 suspect has worked from December 15, 2015 to January 18, 2018.

The retirement allowances of retired D, including KRW 2,320,832, did not pay 5,755,175 won in total for two employees, as shown in the list of crimes in the attached Form, within 14 days from the date of each retirement without agreement between the parties to the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of E, - a retirement allowance calculation statement, - a statement of overdue wages;

1. A petition, - A delegation;

1. A complaint;

1. Acceptance of reports on investigation data, - Application of the Acts and subordinate statutes to the calculation of weekly leave allowances;

1. Article 109 (1), Article 36 of the Labor Standards Act, Article 44 subparagraph 1, and Article 9 of the Guarantee of Workers' Retirement Benefits Act, each of the relevant laws on criminal facts;

1. Articles 40 and 50 of the Criminal Act for the ordinary concurrences;

1. Selection of each alternative fine for punishment;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1) of the Criminal Act are applicable;

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