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Reasons
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(영문) 대전지방법원 홍성지원 2016.11.10 2016고정141
근로기준법위반등
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Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

The defendant is the representative of the D Motor Vehicle Maintenance Industry Master in Chungcheongnam-gun in Chungcheongnam-nam Budget Group, who is an employer who runs the comprehensive repair business of motor vehicles by employing five full-time workers.

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

Provided, That in special circumstances, the period may be extended by an agreement between the parties.

Nevertheless, the Defendant is working at the same workplace from October 1, 2013 to October 13, 2015.

846,180 won of wages of retired workers E in October 2015 was not paid within 14 days from the date of retirement without an agreement on the extension of the due date between the parties concerned.

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 according to an agreement between the parties in extenuating circumstances.

Nevertheless, the above employee E's retirement pay of KRW 5,974,090 was not paid within 14 days from the date of retirement without an agreement between the parties on the extension of the due date.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Statement to E by the police;

1. Application of the Acts and subordinate statutes on the details of payment of benefits and the enrollment and withdrawal;

1. Article 109(1) and Article 36 of the Labor Standards Act applicable to criminal facts, and Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (a point of payment of retirement allowances);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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