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(영문) 수원지방법원 안양지원 2020.06.25 2020고정291
근로자퇴직급여보장법위반등
Text

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

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

Reasons

Punishment of the crime

The defendant is a person who is an actual manager of the KOpo-si, B, and operates a medical device manufacturing and wholesale business using 18 full-time workers.

1. When a worker dies or retires, the employer in violation of the Labor Standards Act shall pay the wages, compensations, and other money or valuables within fourteen 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, from November 19, 2018 to November 20, 2019, the Defendant did not pay the wages of KRW 2,649,100 on June 6, 2019, which were retired from the said bankruptcy resolution committee, and KRW 2,95,100 on July 7, 2019, KRW 2,782,50 on August 8, 2019, KRW 2,500 on September 2, 2019, KRW 500 on wages, KRW 2,50,000 on October 2, 2019, KRW 2,50,000 on wages, KRW 2,712,728 on November 1, 2019, and KRW 16,09, and KRW 428 on the extension of the payment date, within 14 days from the date of retirement without agreement between the parties concerned.

2. An employer who violates the Guarantee of Workers' Retirement Benefits Act shall, in case where a worker retires, pay the retirement allowance within fourteen days after the cause for such payment occurred: Provided, That the payment date may be extended under special circumstances, by mutual agreement between the parties concerned.

Nevertheless, the Defendant did not pay KRW D retirement allowance of KRW 2,509,700 from November 19, 2018 to November 20, 2019, within 14 days from the date of retirement without agreement between the parties on the extension of the due date.

Summary of Evidence

1. Application of Acts and subordinate statutes to the investigation into a petition filed by the special judicial police officer against D's legal statement of the defendant;

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 concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (Punishments imposed on a violation of the Labor Standards Act of which punishment is heavier between crimes committed on the market and punishment);

1. Optional penalty:

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