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(영문) 인천지방법원 2015.05.08 2015고정1098
근로기준법위반등
Text

1. The defendant shall be punished by a fine of 500,000 won;

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

Reasons

Punishment of the crime

The defendant is the representative of Co., Ltd. in Mapo-gu Seoul Metropolitan Government B and 2 who runs franchise business using 11 full-time workers.

1. 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;

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

Nevertheless, the Defendant worked at the Incheon Office of Business from January 4, 2013 to March 11, 2014 at the same place of business located in the Nam-gu Incheon Metropolitan City D Building 702, and did not pay two retired workers, including the sum of KRW 942,00 in March 2014, KRW 31,320 in the year-end refund in March 2013, KRW 973,320 in the sum of money and valuables of KRW 31,320 in the year-end refund in March 2013, from October 31, 2013 to March 31, 2014, and did not pay KRW 2,473,320 in the aggregate of money and valuables of two retired workers, including KRW 1,50,00 in February 31, 2014, within 14 days from the date of each cause for payment, without any agreement between the parties to the payment.

2. An employer shall, if a worker retires, pay the retirement allowance within fourteen days after the cause for such payment occurred.

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

Nevertheless, the Defendant worked in the Incheon Office listed in paragraph (1) from January 4, 2013 to March 11, 2014, and did not pay KRW 1,692,090 of retirement allowances of retired workers E within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without any agreement on the extension of the due date between the parties concerned.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning E and F;

1. Application of each relevant statute;

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

1. Trade name;

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