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(영문) 서울남부지방법원 2014.12.18 2014고단3001

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 corporation C, which is located in Yangcheon-gu Seoul Metropolitan Government 1020, and is the employer who employs 40 full-time workers and operates the physical training center.

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

Nevertheless, the defendant did not pay three workers' wages, retirement allowances, etc. within 14 days from the date of retirement without an agreement on extension of the payment date with the above workers, such as the Nos. 3 through 5 of the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Application of respective Acts and subordinate statutes of D, E, and F;

1. Article 109 (1), Article 36 of the Labor Standards Act on criminal facts, Article 44 subparagraph 1, and Article 9 of the Guarantee of Workers' Retirement Benefits Act (a point of not paying retirement allowances);

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The grounds for sentencing under Articles 70(1) and 69(2) of the Criminal Act are as follows: (a) new employment of workers at the workplace under the condition that the wages of G employees of G employees, a company that is another workplace operated by the defendant, were delayed; (b) thus, there is a high possibility of social criticism; (c) the same type of crime has other records; and (d) the amount of the money and valuables in arrears, the period of the delayed payment, the number of employees suffering from the

The gist of this part of the facts charged is that “the defendant, as the representative of the Co., Ltd., did not pay the wages and retirement allowances set out in the above list of days in the annexed list 1, 2, 6, and 7 for each worker listed in the annexed list of crimes Nos. 1, 2, 6, and 7 within 14 days from the date of retirement without agreement on extension of the payment

This is a crime of non-performance of will, which is bound to the record, and each agreement.