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(영문) 서울중앙지방법원 2013.09.13 2013고정2563

근로기준법위반등

Text

Defendant shall be punished by a fine of KRW 15,000,000.

If the defendant does not pay the above fine, 50,000 won shall be paid.

Reasons

Punishment of the crime

The defendant is the representative director of Seocho-gu Seoul Metropolitan Government C Co., Ltd. who runs the construction business by employing five regular workers.

1. Where an employee dies or retires, the employer shall pay the wages, compensations, and other money and valuables within 14 days from the date when the cause for such payment occurred, but the Defendant was working in the said workplace from November 1, 2008 to May 31, 2012, and the Defendant did not pay the total of KRW 16,733,320 as shown in the attached Table 1 of Crimes List, including KRW 2,820,00, and KRW 16,73,320, respectively, within 14 days from the date of retirement without any agreement between the parties on the extension of the due date.

2. Where an employee retires, the employer shall pay the retirement allowance within 14 days from the time when the cause for such payment occurred. However, the Defendant did not pay the total amount of 64,946,170 of the seven retirement allowances of the employee as shown in the [Attachment 2] List of Crimes, including the amount of 9,885,960 retirement allowances of the employee D, while working in the above workplace from November 1, 2008 to May 31, 2012, within 14 days from the date of the retirement without agreement between the parties to the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Statement prepared by each special judicial police officer against D and E;

1. A statement of reasons for each delayed payment of wages;

1. Wage ledgers;

1. Application of Acts and subordinate statutes of a retirement allowance calculation statement;

1. Articles 109(1) and 36 of the Labor Standards Act for the relevant criminal facts, and Articles 31 and 9 of the former Guarantee of Workers' Retirement Benefits Act (which was wholly amended by Act No. 10967, Jul. 25, 201; enforced July 26, 2012); Article 44 Subparag. 1, and Article 9 of the Guarantee of Workers' Retirement Benefits Act (which is unpaid from retirement benefits of No. 2 No. 1 through No. 4, and 6 of the attached Table 2), Article 44 Subparag. 1, and Article 9 of the same Act (which is unpaid from retirement benefits of No. 5, and No. 7 of the attached Table 2)

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

1. Selection of each alternative fine for punishment;