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(영문) 제주지방법원 2017.06.01 2017고정92
근로기준법위반등
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is an employer who operates a manufacturing business by employing five full-time workers as the representative director of the Co., Ltd. located in the Jeju-si, Seopo-si.

Where an employee retires, an employer shall pay wages, retirement allowances, compensation, and all other money and valuables within 14 days from the time when the cause for such payment occurred, unless the parties have agreed to extend the payment date.

Nevertheless, the Defendant did not pay the amount of KRW 1,40,00,000, monthly wage from October 1, 2013 to December 28, 2015, monthly wage of KRW 1,40,264,520, retirement allowance of KRW 3,041,869, total amount of KRW 18,306,389, within 14 days from the date of retirement without agreement between the parties on the extension of the payment deadline between them.

Summary of Evidence

1. Statement by the defendant in court;

1. A copy and a simplified statement of the draft D;

1. Application of the Acts and subordinate statutes reporting criminal place

1. Article 109(1) and Article 36 of the Labor Standards Act for the relevant Act on criminal facts, and Article 44 Subparag. 1 and 9 of the Act on the Guarantee of Workers' Retirement Benefits (the unpaid point of payment of retirement allowances);

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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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