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(영문) 서울중앙지방법원 2014.11.20 2014고정2947

근로기준법위반등

Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

The defendant is the representative of corporation D in Seocho-gu Seoul Metropolitan Government (C) and 401, who ordinarily employs 30 or more workers and operates wholesale and retail business.

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

Nevertheless, the Defendant is working from September 1, 2009 to October 31, 2013 at the above workplace.

The retired E's wage of 1,300,000 won in October 2013 was not paid within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without any agreement between the parties on the extension of the due date.

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

Nevertheless, the Defendant is working from September 1, 2009 to October 31, 2013 at the above workplace.

The retirement allowance of retired E was not paid KRW 10,605,954 within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without agreement between the parties to the extension of the payment

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Application of Acts and subordinate statutes to the calculation of average wages and retirement allowances;

1. Article 109 (1) and Article 36 of the Labor Standards Act concerning facts constituting an offense, and Article 44 subparagraph 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (a point of payment of unpaid 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;