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(영문) 서울중앙지방법원 2020.09.16 2019고단944

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 the representative C Co., Ltd. in the Gwanak-gu, Seoul Special Metropolitan City B 8th century, is an employer who runs educational services using 130 full-time workers.

1. The Defendant in violation of the Labor Standards Act did not pay 16,150,737 won in total for six retired workers within 14 days from the date of retirement, as described in the attached Table Nos. 1 through 6, as well as 2,388,672 won in D’s wages, which were retired from office as an employee from the above company from February 28, 2008 to April 23, 2015.

2. The Defendant in violation of the Guarantee of Workers' Retirement Benefits Act did not pay 102,280,760 won, including 15,732,249 won of retirement allowance to retired workers D, within 14 days from the date of retirement without any agreement on extension of payment due date between the parties concerned, as stated in the list of offenses.

The defendant of "2019 Highest 7420" is a representative of C Co., Ltd. located in B 8, Gwanak-gu, Seoul, and is an employer who runs educational service business using 130 full-time workers.

The Defendant worked for the foregoing company from December 9, 2013 to February 29, 2016, and did not pay the retirement worker E’s annual paid leave allowance of 538,440 won, retirement allowance of 7,060,426 won, within 14 days from the date of retirement without an agreement on extension of the due date between the parties concerned.

Summary of Evidence

[2019 Highest94]

1. Partial statement of the defendant;

1. Each legal statement of witness D, F, G, H, and I;

1. Some statements in the suspect examination protocol of the defendant and J against the prosecutor;

1. Partial statement of each police interrogation protocol against the accused;

1. Each police statement made to D, F, H, and G;

1. Partial statements made by the police in relation to K and L;

1. Each petition, written review opinion, opinions related to the unpaid money and other valuables, and written answers;

1. Fact-finding certificates;

1. The system of education for the admission of new teachers, the community activity report, the new instructor fee system in 2009;