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(영문) 서울중앙지방법원 2014.03.27 2013고정6529

근로기준법위반등

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The defendant is the representative director of the Seoul Gangnam-gu Seoul Metropolitan Government Co., Ltd., who operates online newspaper-related business, etc. using eight regular workers.

1. For the management of a worker's death or retirement, the employer shall pay the wages, compensations, and all other money or valuables within fourteen days after the cause for such payment occurred;

Nevertheless, the Defendant is working from September 1, 201 to May 7, 2013.

With respect to retired D, the wage of 5,833,33 won in September 2012, 5,833,333 won in October 2012, the wage of 5,833,333 won in December 2012, the wage of 5,833,333 won in January 2013, the wage of 5,833,3333 won in February 2013, the wage of 5,833,333 won in March 2013, the wage of 5,833,333 won in April 2013, the wage of 1,317,204 won in May 2013, the year of year-end tax settlement of 1,118,130 won in total,43,665 in December 2013, and the date of payment has not been extended within an agreement between the parties concerned.

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 1, 201 to May 7, 2013.

The retirement allowance of 9,859,050 won for retired D was not paid within 14 days from the date of retirement without any agreement between the parties on the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A retirement allowance calculation statement;

1. Application of Acts and subordinate statutes on salary specifications;

1. Article 109 (1) and Article 36 of the Labor Standards Act regarding criminal facts, Articles 109 (1) and 36 of the Act on the Selection of Punishment, Subparagraph 1 of Article 44 of the Guarantee of Workers' Retirement Benefits Act, Article 9 of the Act on the Guarantee of Workers' Retirement Benefits, and Selection of fines

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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;