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(영문) 전주지방법원 2015.02.13 2014고정1107
근로기준법위반등
Text

Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The defendant is a representative director of the Dispute Resolution Co., Ltd. in the Jeonbuk-gun, and is an employer who conducts plant construction business using 15 full-time workers.

1. When a worker dies or retires, the employer shall pay the wages, compensations, and all other money and valuables within fourteen days after the cause for such payment occurred;

Provided, That the date may be extended by mutual agreement between the parties if special circumstances exist.

Nevertheless, on June 1, 2013, the Defendant did not pay KRW 2,743,30,000 from the date of retirement to 14 days after the date of retirement without agreement between the parties to the extension of the payment deadline.

2. 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 mutual agreement between the parties if special circumstances exist.

Nevertheless, on June 1, 2013, the Defendant did not pay KRW 11,588,520 of the retirement pay of E retired on June 1, 2013 within 14 days from the date of retirement without an agreement on extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of police statement concerning E and F;

1. E’s written petition;

1. Investigative report (calculated of the amount of temporary shutdown allowances);

1. Application of Acts and subordinate statutes to report investigation results;

1. Article 109 (1) and Article 36 of the Labor Standards Act concerning criminal facts, Article 44 subparagraph 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act, and the choice of fines, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The portion of rejection of prosecution considering the fact that part of the unpaid wages or retirement allowances paid to the injured party for the reason of sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The summary of the facts charged is the representative director of the Dispute Resolution Co., Ltd. in the Jeonbuk-gun.

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