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(영문) 창원지방법원 마산지원 2018.09.05 2018고정108
근로기준법위반등
Text

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

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

Reasons

Punishment of the crime

The defendant, as the representative C in the Changwon-si, is an employer who runs the manufacturing business of laundry parts by employing 16 full-time workers as the representative in Masan-si.

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 an agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant did not pay the total amount of KRW 3,87,680 to three workers within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without agreement between the parties to the extension of the payment deadline, including the amount of money and valuables in arrears in attached Form 828,160, which was retired from the Defendant’s employment as production worker from July 18, 2013 to January 6, 2018.

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 payment date may be extended by mutual agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant did not pay 26,684,854 won, including D retirement pay 5,458,896 won from July 18, 2013 to January 6, 2018, within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without agreement between the parties to the extension of the payment due date, as stated in the attached Form, including the details of money and valuables in arrears for each individual, of six employees, including the amount of 5,458,896 won of D retirement pay.

Summary of Evidence

1. Partial statement of the defendant;

1. E statements;

1. Application of Acts and subordinate statutes to each written appeal, written opinion, and statement of money and valuables in arrears by individual;

1. Articles 109(1) and 36 of the Labor Standards Act for the relevant Act on criminal facts, and subparagraphs 1 and 9 of Article 44 of the Act on the Guarantee of Workers' Retirement Benefits (which shall not be paid for retirement);

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

1. Punishment;

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