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(영문) 광주지방법원 2014.10.02 2014고단2832

근로기준법위반등

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The defendant is a representative director of the company in the Nam-gu Seoul Metropolitan City, who employs 90 full-time workers and operates human resources supply business.

1. When a worker retires, the employer shall pay all money and valuables within 14 days from the date of such retirement unless there exists an agreement for extension of the due date for payment between the parties concerned;

Nevertheless, the Defendant, at the above workplace, worked as a security guard from October 20 to April 30, 2014, and worked as a retired worker E’s annual allowance of KRW 1,092,784 as well as KRW 13,595,360 in total, as shown in the attached crime list, did not pay KRW 14 days from the date on which the cause for the payment occurred, without any agreement between the parties on the extension of the due date.

2. Where a worker retires, the employer shall pay the retirement allowance within 14 days from the date of such retirement unless there exists an agreement for extension of the due date for payment between the parties concerned.

Nevertheless, the suspect was employed as a security guard from October 20, 201 to April 30, 2014 at the above workplace and did not pay 38,97,006 won in total, including 3,469,654 won of retirement pay of retired workers E, as shown in the list of crimes in the attached list of crimes, within 14 days from the date of the occurrence of the cause for payment, without agreement between the parties on the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of genuine statement by the police against one person other than F;

1. The statement of the police appellant against G;

1. Application of Acts and subordinate statutes to the police appellant statement (II) to F;

1. Relevant legal provisions and Articles 109 (1) and 36 of the Labor Standards Act concerning facts constituting an offense, and Articles 44 subparagraph 1 and 9 of the Guarantee of Workers' Retirement Benefits Act (a point where retirement allowances are unpaid);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. All elements of sentencing, including the sum of the amount in arrears, the number of workers, and the fact that the defendant has no criminal records, for which the defendant selected each alternative fine of punishment was in arrears.