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(영문) 서울남부지방법원 2020.08.26 2020고정796

근로기준법위반등

Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

The defendant is the representative of Guro-gu Seoul Metropolitan Government (g) D, who is a full-time worker and operates the safety inspection business of play facilities using six full-time workers. A.

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: Provided, That the period may, under special circumstances, be extended by mutual agreement between the parties concerned.

Nevertheless, the Defendant is working from June 29, 2015 to November 4, 2019 at the above workplace.

The retired E's wages of 1,424,130 won, March 2, 2012, March 2, 2012, 470 won, April 2,06, 810 won, May 2, 119, 2,100 won, June 2, 119, July 2, 119, July 2, 112, 260 won, September 2, 2012, 260 won, October 2, 108, 970 won, November 57, 330 won, and 16,245,43 won (after tax) was not paid within 14 days from the date of retirement without an agreement between the parties on the extension of the payment date.

(b) When a worker retires, the employer shall pay the retirement allowance within fourteen days after the cause for such payment occurred: Provided, That the period may, under special circumstances, be extended by mutual agreement between the parties concerned;

Nevertheless, the Defendant is working from June 29, 2015 to November 4, 2019 at the above workplace.

The retirement allowance of the retired E was not paid 9,772,520 won (after rent) within 14 days from the date of retirement without an agreement between the parties on the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to E’s written complaint and petition;

1. Articles 109 (1) and 36 of the Labor Standards Act concerning criminal facts, and Articles 44 (1) and 9 of the Guarantee of Workers' Retirement Benefits Act;

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. Article 334 of the Criminal Procedure Act provides for an order of provisional payment.