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(영문) 서울동부지방법원 2018.01.09 2017고정1315

근로기준법위반등

Text

Defendant shall be punished by a fine of KRW 1,500,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a user who operates beauty and beauty business with three full-time workers as the D representative in Songpa-gu Seoul Metropolitan Government and the first floor.

1. An employer in violation of the Labor Standards Act shall, if a worker dies or retires, pay the worker wages, compensations, or any other money or valuables within fourteen days after the cause for such payment occurred;

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

Nevertheless, the Defendant did not pay 7,641,912 won in total within 14 days from each retirement date, as shown in the list of crimes committed against three retired workers, including 1,622,975 won in January 5, 2017 of E, who retired workers, working from the said workplace from April 5, 2015 to February 19, 2017.

2. An employer who violates a guarantee of retirement benefits of a worker shall, in case where the worker retires, pay the retirement allowance within fourteen days after the ground for such payment occurred; and

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

Nevertheless, the Defendant did not pay 8,769,110 won in total as well as 2,971,320 won in the attached crime list against two retired workers, who were employed from the above workplace from April 5, 2015 to February 19, 2017, within 14 days from the date of retirement without any agreement between the parties on the extension of payment dates, as well as 2,971,320 won in the attached crime list against two retired workers.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of written statements and petitions of E and F;

1. Articles 109 (1) and 36 of the Labor Standards Act concerning facts constituting an offense, as prescribed by the relevant Act, and subparagraphs 1 and 9 of Article 44 of the Guarantee of Workers' Retirement Benefits Act;

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

1. Selection of each alternative fine for punishment;

1. The aggravated Criminal Act for concurrent crimes.