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(영문) 서울서부지방법원 2017.11.16 2017고정1300

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 Yongsan-gu Seoul Metropolitan Government, Yongsan-gu, the first floor, and Non-1, who runs a service business by ordinarily employing 8 female workers.

(a) 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;

Provided, That the date may be extended by mutual agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant did not pay 20,518,970 won in total for three workers within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without agreement on the extension of the payment period between the parties, as shown in the list of crimes in attached Table, such as the failure to pay wages of 1,297,550 won on March 3, 2016, retired from the said place of business to June 30, 2016.

(b) An employer shall pay a retirement allowance within 14 days after the grounds for payment occur, if the employee retires;

Provided, That the payment date may be extended by mutual agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant did not pay KRW 19,638,595 in total for three employees within 14 days from the date of retirement, which is the date of the occurrence of the cause of payment between the parties, without any agreement on the extension of the payment period between the parties, as shown in the list of crimes attached hereto, such as the failure to pay KRW 8,913,260, retired from D's retirement pay of KRW 8,913,260, which had been employed from April 1, 2013 to June 30, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. A written examination of suspect by the supervisor of labor of the special judicial police officer against the accused;

1. Each written statement of D and E;

1. Application of Acts and subordinate statutes confirming facts by the F and the accused;

1. Article 109(1) and Article 36 of the Labor Standards Act (a point of payment of wages) for facts constituting an offense, and Article 44 Subparag. 1 and Article 9 of the Guarantee of Retirement Benefits of respective Workers (a point of payment of retirement wages) of the same Act.