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(영문) 수원지방법원 여주지원 2019.02.20 2018고정605
근로자퇴직급여보장법위반등
Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

The defendant is the representative director of D, a corporation with headquarters B and C in Leecheon-si, who runs the logistics service business using 20 full-time workers.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred, and when the worker retires, the employer shall pay the retirement allowances within 14 days after the cause for such payment occurred.

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

Nevertheless, the Defendant, while working in the foregoing workplace as of May 1, 2015 and retired on December 31, 2017, did not pay the total of KRW 2,250,000 in wages, including KRW 2,250,000 in wages, and retirement allowances of KRW 5,885,60 in total and KRW 4,585,00 in December 2017, as of December 31, 2017, within 14 days from the date of retirement without agreement on extension between the parties to the payment, and did not pay KRW 23,104,050 in wages, as shown in the separate list of crimes, as of June 23, 204,050, total of KRW 62,324,553 in wages, including retirement allowances, KRW 39,220,50, and KRW 53 in total, as of extension between the parties to the payment.

Summary of Evidence

1. Defendant's legal statement;

1. Each petition of the F and E;

1. Details of the money in arrears;

1. Table on the details of arrears;

1. Calculation of retirement allowances;

1. Receipt for tax withholding;

1. Application of Acts and subordinate statutes on salary specifications;

1. Article 109(1) and Article 36 of the former Labor Standards Act (amended by Act No. 15108, Nov. 28, 2017); Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (a point where each retirement allowance is not paid) concerning criminal facts;

1. For each worker except for the violation of the Guarantee of Workers' Retirement Benefits Act due to the unpaid retirement allowances of 13,985,363 won against F under Articles 40, 50 of the Commercial Code.

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