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(영문) 서울중앙지방법원 2014.12.23 2014고단1647

근로자퇴직급여보장법위반등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The defendant, as the representative of the Co., Ltd. C inHanam-si, operated the sales business of organic agricultural products by 20 full-time workers.

When a worker retires, the employer shall pay the wages, retirement allowances, and other money and valuables in whole within fourteen days after the cause for such payment occurred.

[2014 Highest 1647] The Defendant has worked in a lot store in Jung-gu Seoul Jung-dong 2 from December 7, 2008 to March 13, 2013.

The retirement allowances of retired workers E, who worked in the above store from May 11, 2010 to March 20, 2013, did not pay KRW 3,092,054 of retirement allowances of retired workers E, within 14 days from the date when the cause for payment occurred without any agreement on extension of the due date between the parties concerned.

[2014 Highest 6238] The Defendant works in C’s workplace from March 23, 2009 to November 25, 2013.

Wages of the retired FF 309,680 won, July 7, 2013, and the same year

8. Wages of 1,600,000 won, and the same year.

9. Wages of KRW 1,600,000 for wage of KRW 1,60,00 for the same year, and KRW 6,400,000 for wage of KRW 1,290,320 for the same year, and KRW 7,387,360 for retirement pay of KRW 14 days from the date of retirement or the date of the occurrence of the cause for payment, as shown in the list of crimes in the attached list of crimes, and did not pay KRW 22,95,820 for total wages of KRW 22,95,820 for five employees and KRW 5,56,923 for total retirement pay of KRW 7 employees within 14 days from the date of each retirement or cause for payment.

Summary of Evidence

[2014 Highest 1647]

1. Police suspect interrogation protocol of the accused;

1. Each written statement D and E [2014 Highest 6238];

1. Police suspect interrogation protocol of the accused;

1. Each police statement of the F, G, H, I, J, K, and L;

1. Application of Acts and subordinate statutes to inquiries into history of employment insurance, average wages and retirement allowances;

1. Articles 109(1) and 36 of the Labor Standards Act concerning criminal facts, and Articles 44 subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act.