beta
(영문) 서울남부지방법원 2018.11.08 2017고정335

근로기준법위반등

Text

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

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

Reasons

Punishment of the crime

The defendant is the representative director of the company in Jung-gu Seoul, Jung-gu, who operates a printing business using 29 full-time workers.

1. An employer in violation of the Labor Standards Act shall, if a worker dies or retires, pay the worker wages, compensations, or any 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, at the production center of the foregoing workplace located in Guro-gu Seoul Metropolitan Government, worked from June 1, 2009 to May 20, 2016, and retired from the Defendant, did not pay KRW 3,285,835 in total, as stated in the H’s H’s H’s H wage (overtime work allowances), such as the wage (overtime work allowances) 263,113 in January 2015 (overtime work allowances) of the attached Table of Crimes (overtime work allowances), within 14 days from the date of retirement, without any agreement between the parties on the extension of the payment date.

2. On July 1, 2008, the Defendant, in violation of the Workers’ Retirement Benefit Security Act, joined the retirement pension plan that has made a final contribution to the employee’s retirement benefit system.

Where a worker fails to pay contributions, the employer shall pay unpaid contributions and interest on late payment to the retirement pension plan account of the member worker within 14 days from the date of his/her retirement.

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

Nevertheless, the Defendant did not pay 273,820 won and delayed interest 45,179 won and total 318,999 won within 14 days from the date of retirement without agreement on the extension of the payment deadline between the parties concerned.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness H and D;

1. A protocol concerning the examination of the police officers of the accused;

1. A table of total allowances;

1. Opinion on examination of a petition case;

1. Retirement pension;