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(영문) 서울남부지방법원 2019.07.17 2019고정472

근로기준법위반등

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The defendant is the representative of the D Co., Ltd. in Geumcheon-gu Seoul Metropolitan Government, who is a full-time worker and operates a manufacturing business of computer environs.

1. When a worker dies or retires, an employer unpaid such as wages shall pay the wages, compensations, and all other money or valuables within 14 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 in the said workplace from January 1, 2012 to February 14, 2018, and retired from the said workplace on December 12, 2017, and without any agreement between the parties on the extension of the payment deadline, the Defendant did not pay KRW 8,846,930, the total amount of KRW 9,153,913,00, including KRW 3,775,75,120 on January 1, 2018, and KRW 2,793,00 on February 2, 2018, and KRW 8,846,930 on February 2, 2018, within 14 days from the date of retirement without any agreement between the parties on the extension of the payment deadline.

2. Where a worker retires, the unpaid employer shall pay the retirement allowance within 14 days from the date when the grounds for such payment occurred.

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

Nevertheless, the Defendant worked in the foregoing workplace from January 1, 2012 to February 14, 2018, and did not pay 25,461,030 won of retirement pay of E retired from office within 14 days from the date of retirement without any agreement between the parties on the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statement to E;

1. Article 109(1) and Article 36 of the former Labor Standards Act (amended by Act No. 15108, Nov. 28, 2017); Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (amended by Act No. 15108, Nov. 28, 201);

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 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The Criminal Procedure Act;