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(영문) 서울북부지방법원 2015.10.30 2015고정2155

근로기준법위반등

Text

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

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The defendant, as the representative director of the Seoul Northern-gu (State), is an employer who runs an insurance sales business by employing one full-time worker as the representative director of the Seoul Northern-gu.

1. When a worker dies or retires, the employer violating the Labor Standards Act shall pay the wages, compensations, and other money or valuables within fourteen days after the cause for such payment occurred;

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

Nevertheless, the Defendant is employed as an employee from March 23, 2010 to May 31, 2015 at the above workplace.

D's wage of 1,700,000 won in May 2015 was not paid within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without agreement between the parties to the extension of the due date.

2. An employer who violates the Guarantee of Workers' Retirement Benefits Act shall, in case where a worker retires, pay the retirement allowance within fourteen days after the cause for such payment occurred; and

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

Nevertheless, the Defendant is employed as an employee from March 23, 2010 to May 31, 2015 at the above workplace.

6,088,255 won of retirement allowances of retired D was not paid within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without agreement between the parties to the extension of the payment.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the statement prepared by a special judicial police officer against D;

1. Article 109 (1) and Article 36 of the Labor Standards Act regarding criminal facts, Article 44 subparagraph 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act, and the choice of fines, respectively;

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

1. Articles 70 (1) 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;