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(영문) 서울북부지방법원 2013.11.25 2013고정2723

근로기준법위반등

Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who actually operates C(P) in Dongdaemun-gu Seoul Metropolitan Government and has employed five full-time workers and has sold clothes.

1. 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;

Nevertheless, the defendant is working as the chief of the accounting office from September 21, 2005 to March 31, 2013 at the above workplace.

D's wages of 2,00,000 won in January 2013, 2013, wages of 2,000,000 won in February 2013, and wages of 2,00,000,000 won in March 2013, did not pay 6,00,000 won within 14 days from the date of retirement, which is the date of the cause of payment, without agreement between the parties on the extension of the due date.

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

Nevertheless, the Defendant is working from September 21, 2005 to March 31, 2013 at the above workplace.

A retirement allowance of 15,160,300 won was not paid to retired D within 14 days from the date of retirement, which is the date on which the cause for payment occurred, without any agreement between the parties to the extension of the payment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to the calculation of average wages and retirement allowances;

1. Article 109 (1) and Article 36 of the Labor Standards Act concerning facts constituting an offense, and Article 44 subparagraph 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (a point of payment of unpaid retirement allowances);

1. Articles 40 and 50 of the Criminal Act for the ordinary concurrences and the choice of punishment;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

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