beta
(영문) 서울중앙지방법원 2017.04.26 2016고정4204

근로기준법위반등

Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Criminal facts

The defendant is the representative of Guro-gu Seoul Metropolitan Government 1117, who runs a construction business with eight full-time workers.

1. An employer shall, if a worker retires, pay the wages, compensations, and all other money and valuables within 14 days from the time when the cause for such payment occurred, unless the parties have agreed on the extension of the payment date;

Nevertheless, from September 14, 201 to October 31, 2014, the Defendant did not pay the amount of KRW 3,270,000 from the date of retirement to 14 days from the date of retirement without an agreement on the extension of the payment deadline for the employees E who retired from office to perform on-site management work at the construction site of officetels located in Gangnam-gu Seoul Metropolitan Government D.

2. An employer shall, where a worker retires, pay the retirement allowance within 14 days from the date on which the grounds for payment occurred, unless the parties have agreed to extend the payment date;

Nevertheless, the Defendant, like Paragraph 1, did not pay KRW 9,637,800 of retirement allowances E of retired workers within 14 days from the date of retirement without an agreement on the extension of the payment deadline.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Application of Acts and subordinate statutes to a petition, confirmation of the details of arrears, retirement allowance calculation statement, and salary specification;

1. Articles 109(1) and 36 of the Labor Standards Act for the relevant Act on criminal facts, and subparagraphs 1 and 9 of Article 44 of the Guarantee of Workers' Retirement Benefits Act (not being paid of retirement allowances);

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

1. Selection of an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;