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(영문) 서울중앙지방법원 2018.06.28 2018고단1118

근로기준법위반등

Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

The defendant is a person who operates the Cream Co., Ltd. F in Gyeonggi-si, Gyeonggi-do, and engages in the business of manufacturing clock (for educational exhibition) models.

1. An employer in violation of the Labor Standards Act shall, if a worker retires, pay the wages, compensations, and other money or valuables within fourteen days after the cause for such payment occurred;

Nevertheless, the Defendant did not pay KRW 1,696,760, total amount of G wages of retired workers from the said workplace from November 20, 2014 to October 21, 2016, within 14 days from the date of retirement without an agreement on the extension of payment deadline between the parties.

In addition, the Defendant did not pay the total amount of KRW 6,907,872 to four workers in the above workplace within 14 days from the date of retirement, as stated in the attached list 1 of the daily list of crimes.

2. An employer who violates the Guarantee of Retirement Benefits for a worker shall pay a retirement allowance within 14 days after the ground for such payment occurred, in case where the worker retires.

Nevertheless, the Defendant did not pay KRW 3,171,717 of G retirement allowances of employees as described in the above paragraph (1) within 14 days from the date of retirement without any agreement between the parties on the extension of the payment deadline.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Each police statement made to H, I, J, and K;

1. Application of Acts and subordinate statutes to a report on arrears of wages, written petition, average wages, and written calculation of retirement allowances;

1. Articles 109(1) and 36 of the Labor Standards Act for the relevant Act on criminal facts, and subparagraphs 1 and 9 of Article 44 of the Guarantee of Workers' Retirement Benefits Act (which shall not be paid for retirement);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition (limited to the crimes of violation of the Labor Standards Act by worker and the crimes of violation of the Guarantee of Workers' Retirement Benefits Act);

1. Selection of each alternative fine for punishment;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The order of provisional payment;