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(영문) 대구지방법원 영덕지원 2017.08.18 2017고정34
근로기준법위반등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The defendant is the user who employs two full-time workers as D representative in the second floor of the village hall in the Gyeonggi-do, Ulsan-gun, and operates the project team.

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;

Nevertheless, the Defendant was employed by the said workplace from December 18, 2015 to December 13, 2016 by the Defendant, and served until December 14, 2016, and was retired on December 14, 2016, including the total of KRW 12 million, such as wages of KRW 1.5 million, and the total of wages and expenses of two workers, such as those indicated in the list of crimes in the attached Form, did not pay KRW 24.3 million, without any agreement on the extension of the payment period between the parties, within 14 days from the retirement date of each worker.

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.

Nevertheless, the Defendant did not pay 3,023,920 won, in total, 1,511,960 won of retirement pay of E retired workers on December 14, 2016 and 3,023,920 won in total, of F’s retirement pay of retired workers on the same day, within 14 days from the retirement date of each worker’s retirement.

Summary of Evidence

Article 109(1) and Article 36 of the Labor Standards Act for the facts constituting an offense subject to the police’s statement statement statement statement statement statement statement protocol against the Defendant’s legal statement E and the criminal facts subject to the law of the same, and Articles 44 subparag. 1 and 9 of the Act on the Protection of Workers’ Retirement Benefits (which is unpaid, which is not paid for retirement), the former part of Article 37, Article 38(1)2, Article 50 of the Criminal Act for aggravated concurrent crimes, and Article 70(1) and Article 69(2) of the Criminal Procedure Act for the provisional payment order under Article 334(1) of the Act on the Protection of Criminal Procedure for Workers’ Retirement Benefits.

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