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(영문) 서울남부지방법원 2015.01.27 2014고정2740

근로기준법위반등

Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On October 1, 2013, the Defendant was sentenced to two years of imprisonment for fraud at the Seoul Western District Court, and the judgment became final and conclusive on November 22 of the same year.

The defendant, as the representative of C Co., Ltd. in the East Sea, is an employer who operates a manufacturing business of lighting gear with three regular workers.

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;

Provided, That the date of payment may be extended according to the agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant is working from March 2, 2011 to March 20, 2012 at the above workplace.

The retirement D’s wages of KRW 1,228,885 on November 201, 201, KRW 1,228,885 on December 201, 201, KRW 1,228,165 on January 1, 2012, and KRW 1,228,165 on February 201, the wages of KRW 1,228,165 on February 201, and KRW 5,684,539 on March 3, 2012, did not pay KRW 12,753,133 on the total wages of KRW 3 workers within 14 days from each retirement date without an agreement on extension of the payment date between the parties.

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

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

Nevertheless, the Defendant is working from March 2, 2011 to March 20, 2012 at the above workplace.

The retirement allowance of 676,320 won 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. Partial statement of the defendant;

1. Examination of the accused prepared by special judicial police officers;

1. Each statement made with respect to E, F, D, and G prepared by a special judicial police officer;

1. Each employment contract, each written confirmation of delayed payment of wages, and calculation of retirement allowances;

1. Judgment.