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(영문) 서울동부지방법원 2015.10.20 2015고정1096

근로기준법위반등

Text

Defendant shall be punished by a fine of KRW 2,500,000.

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

Reasons

Punishment of the crime

The defendant is a manager of C (ju) room in Songpa-gu Seoul Metropolitan Government B and 2, who runs D with 24 full-time workers.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money and valuables within fourteen 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, at the above workplace, worked for August 1, 2002 to December 31, 2014 and retired from office, did not pay KRW 3,60,000 for the total wages of two retired workers within 14 days from the date of retirement without agreement between the parties on the extension of the payment date between the parties, as shown in the list of crimes in attached Form, including KRW 3,60,000 for the retirement E's wages in December 201.

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

Provided, That in special circumstances, the payment date may be extended by an agreement between the parties.

Nevertheless, the Defendant, at the above workplace from August 1, 2002 to December 31, 2014, was serving as retirement allowance of E and retired from office, and did not pay KRW 33,0129,214 in total as well as KRW 21,752,725 in the list of crimes in the attached Table, within 14 days from the date of retirement without any agreement between the parties on extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each of the E and F statements and each of the Acts and subordinate statutes;

1. Article 109(1) and Article 36 of the Labor Standards Act applicable to criminal facts, and Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (a point of payment of retirement allowances);

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

1. Selection of each alternative fine for punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The Criminal Act for the detention of a workhouse;