beta
(영문) 서울중앙지방법원 2015.03.26 2014고정4043

근로기준법위반등

Text

Defendant shall be punished by a fine of seven 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 in Seocho-gu 401, who ordinarily employs 25 workers and operates wholesale and retail business.

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 January 15, 2013 to January 13, 2014 at the above workplace.

A retired worker D’s wage of KRW 438,700 in January 2014 and paid KRW 9,138,700 in total, as shown in the attached list of crimes, was not paid for 14 days from the date of retirement without agreement between the parties to the extension of the payment due date.

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

Nevertheless, the defendant is working from September 1, 2007 to February 14, 2014 at the above workplace.

The retirement allowance of retired workers E, including 24,292,498 won, did not pay 62,526,311 won in total for five retirement allowances of retired workers as shown in the attached list of crimes, without any agreement between the parties on the extension of the payment due date and 14 days from the date of retirement.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of D and F;

1. Each written petition;

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

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

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

1. Selection of each alternative fine for punishment;

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

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;