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(영문) 서울중앙지방법원 2019.07.02 2018고단7291

근로기준법위반등

Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is the representative of the Dispute Resolution Co., Ltd. in Gangnam-gu Seoul.

1. An employer in violation of the Labor Standards Act shall, in case where a worker dies or retires, pay wages, compensations, and all other money and valuables within fourteen days after the cause for such payment occurred, unless there are special circumstances;

Nevertheless, the Defendant did not pay wages of 2,942,63 won for October 2017, 2017, which had been worked from March 6, 2017 to March 14, 2018 at the same place of business, to KRW 1,942,63 won for December 6, 2017, wage of 2,942,63 won for December 2, 2017, wage of 2,942,63 won for 2,942,63 won for 2017, wage of 939,750 won for January 2, 2018, wage of 1,49,830 won for 1,49,830 won for February 2, 2018, wage of 505, 1,615 won for year-end settlement in March 2017, 3,385,6200 won for retirement benefits, 142,194.

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, unless there exist any special circumstances.

Nevertheless, the Defendant did not pay KRW 3,385,620 of D retirement pay from March 6, 2017 to March 14, 2018 within 14 days from the date of retirement without an agreement between the parties on the extension of payment dates.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes governing D’s authenticity;

1. Article 109(1) and Article 36 of the former Labor Standards Act (amended by Act No. 15108, Nov. 28, 2017; hereinafter the same shall apply) on criminal facts; Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (which means the payment of retirement allowances)

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishments imposed on a violation of the former Labor Standards Act of which the punishment is heavier);

1. Selection of an alternative fine for punishment;

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;