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(영문) 대전지방법원 2015.08.20 2015고정573
근로기준법위반등
Text

Defendant shall be punished by a fine of KRW 2,500,000.

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

Reasons

Punishment of the crime

Defendant

A was the representative director of the corporation D in the Seo-gu Daejeon District Court, Seo-gu, Daejeon, who was a full-time user of the manufacturing industry of health management system using five workers. A.

When a worker retires, the employer shall pay wages and other money or valuables within 14 days from the date of retirement, unless there is an agreement between the parties to the extension of the due date for payment.

However, the Defendant did not pay the total of KRW 19,440,573 of E’s wages from November 25, 2010 to September 17, 2012 at the same place of business within 14 days from the date of retirement without agreement between the parties on the extension of the due date.

(b) When a worker retires, the employer shall pay retirement allowances within 14 days from the date on which any cause for such payment occurred, unless there exists an agreement between the parties to extension of the due date.

However, the Defendant did not pay KRW 8,850,154 of E retirement pay from November 25, 2010 to September 17, 2012 at the same place of business within 14 days from the date of retirement without any agreement between the parties on the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of complainants against E;

1. Application of Acts and subordinate statutes to the parties agreement;

1. Article 109 (1) and Article 36 of the Labor Standards Act applicable to criminal facts, Articles 109 (1) and 36 of the Act on the Selection of Punishment, and Article 44 subparagraph 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (the point of payment of retirement allowances and the selection of fines);

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 dismissal part of the prosecution under Article 334 (1) of the Criminal Procedure Act

1. The summary of the facts charged is that Defendant A was the representative director of Company D with the Seo-gu Seoul 1st, Seo-gu, Daejeon, who had engaged in a manufacturing business of health management system using five full-time workers.

When a worker retires, 14 days from the date of retirement, unless there exists an agreement between the parties to the extension of the payment date.

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