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(영문) 서울중앙지방법원 2014.10.23 2014고정1028

근로기준법위반등

Text

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

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

Reasons

Punishment of the crime

The defendant is the representative director of Gangnam-gu Seoul and the fourth floor D Co., Ltd. who runs real estate development business using one full-time worker.

1. When a worker dies or retires, the employer shall pay the wages, compensations, and all other money or valuables within 14 days after the cause for such payment occurred;

Nevertheless, the defendant is working from September 10, 2009 to November 20, 2012 at the above workplace.

With respect to retired workers E, wages of 2,917,90 won in October 201, and wages of 4,261,790 won in November 201 through October 2012, and wages of 2,841,193 won in November 2012 and 52,683,783 won in November 201 were not paid within 14 days from the date of retirement without any agreement between the parties on extension of the payment date.

2. When a worker retires, the employer shall pay the retirement allowance within 14 days after the cause for such payment occurred;

Nevertheless, the defendant is working from September 10, 2009 to November 20, 2012 at the above workplace.

The retirement allowance of retired workers E was not paid 4,951,828 won within 14 days from the date of retirement without any agreement between the parties on the extension of the due date.

Summary of Evidence

1. Legal statement of witness E, and part of witness F’s legal statement;

1. E statements;

1. A written petition;

1. Details of arrears, calculation of average wages and retirement allowances, details of subscription to the National Pension Scheme, and application of the statutes on details of deposits;

1. Article 109(1) and Article 36 of the Labor Standards Act applicable to criminal facts, and Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (a point of payment of retirement allowances);

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

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;