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(영문) 서울남부지방법원 2019.06.19 2019고정391

근로기준법위반등

Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The suspect is the actual representative of Gangseo-gu Seoul Metropolitan Government building B and D, which is a user who runs the business of manufacturing cosmetics using seven full-time workers.

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

Provided, That the date may be extended by mutual agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant worked as an employee from May 8, 2017 to May 31, 2018 at the above workplace, and paid 2,000,000 won monthly wages of E retired on the following day, as well as 21,583,520 won, as shown in the annexed crime list, within 14 days from the date of retirement, without agreement on the extension of the payment deadline.

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

Nevertheless, the Defendant, in the foregoing workplace, worked as an employee from May 8, 2017 to May 31, 2018, and paid 4,127,457 won, including the retirement pay 2,085,170 won of E that retired on the following day, as well as 4,127,457 won, in addition to the annexed crime list, within 14 days from the date of retirement without an agreement on the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. The defendant's written statement, the questioning of the defendant (including the F and the questioning of the defendant);

1. A statement of authenticity of H and I;

1. A petition filed by F, G, E, or I;

1. Each employment contract;

1. Application of Acts and subordinate statutes to confirmation contents of telephone, etc.;

1. Relevant legal provisions concerning criminal facts, Articles 109(1) and 36 of the Labor Standards Act on the Selection of Punishment, and Articles 44 subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act.