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(영문) 서울중앙지방법원 2014.07.17 2014고정169

근로자퇴직급여보장법위반등

Text

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 D in the fourth floor of the Seoul Jung-gu Seoul Metropolitan Government, who employs six full-time workers and operates a entertainment service business.

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;

Nevertheless, the Defendant is working from July 29, 201 to November 10, 2012 at the above workplace.

The retirement E’s wage of 158,161 won, monthly wage of 1,50,000 won from July 2012 to October 2012, and the wage of 5,658,161 won in November 2012 was not paid within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without any agreement between the parties to the extension of the due date.

2. When a worker retires, the employer shall pay the retirement allowance within fourteen days after the cause for such payment occurred; and

Nevertheless, the Defendant is working from July 29, 201 to November 10, 2012 at the above workplace.

The facts charged of retirement allowance of KRW 1,897,550 are stated as “1,89,645 won,” but in light of the statement of a copy of the judgment (2013Na46145), the retired E calls for the error in the clerical error or calculation of “1,897,550 won,” which is stated as “1,89,645 won.”

B The parties concerned did not pay the B within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Copy of the employee dispatch list;

1. Application of each of the statutes governing the judgment;

1. Article 109 (1) and Article 36 of the Labor Standards Act concerning facts constituting an offense, and Article 44 subparagraph 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (a point of payment of unpaid 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 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;