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(영문) 인천지방법원 2016.11.25 2016고정2869
근로기준법위반등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The Defendant, as a manager of C (ownership) room in Nam-gu Incheon Metropolitan City, is an employer who runs a credit card body size service business using 30 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 date may be extended by mutual agreement between the parties.

Nevertheless, the Defendant worked from September 5, 201 to May 31, 2015 at the above workplace, and paid 4,000,000 won of retired D's wages in May 2015, and did not pay 20,147,737 won in total of three workers' wages and annual leave allowances, as shown in the attached crime list, within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment of money and valuables, without agreement between the parties on the extension of the due date for payment.

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 an agreement between the parties if special circumstances exist.

Nevertheless, the Defendant worked in the above workplace from September 5, 201 to May 31, 2015, and paid 22,245,947 of retired retirement allowances as well as 36,078,490 won, including 22,245,947 won, and 36,078,490 won, in addition to the list of crimes in the attached Table, respectively, within 14 days from the date of retirement, which is the date of the cause of payment, without any agreement between the parties

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning D;

1. Application of Acts and subordinate statutes to the complaint filed for D, E, F, and G Preparation and the petition filed;

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, each of the relevant laws on criminal facts;

1. Trade name;

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