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(영문) 서울중앙지방법원 2017.08.09 2017고정1389

근로기준법위반등

Text

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

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

Reasons

Punishment of the crime

The defendant is a person who is the actual manager of the Gangnam-gu Seoul Metropolitan Government and the five-story dispute resolution committee and is an indoor tech fishery using three full-time workers.

1. An employer who violates the Labor Standards Act shall pay wages, compensations, or any other money or valuables within fourteen days after the cause of such payment occurred, if the worker has died or retired from his/her work;

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

Nevertheless, the Defendant did not pay the retirement worker D’s wages of 1,695,800 won in July 2016, 2016, the wage of 1,695,800 won in August 2016, the wage of 508,730 won in September 2016, and the retirement worker E who worked from August 19, 2016 to September 2, 2016 without agreement on the extension of the payment date between the parties. < Amended by Presidential Decree No. 27474, Aug. 19, 2016; Presidential Decree No. 27574, Aug. 19, 2016; Presidential Decree No. 27000, Oct. 2, 2016; Presidential Decree No. 277730, Mar. 30, 200>

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

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

Nevertheless, the Defendant did not pay KRW 3,872,360 of the retirement allowances of retired workers D who worked in the above workplace from May 12, 2014 to September 9, 2016 within 14 days from the date of retirement without agreement between the parties on the extension of the payment deadline.

Summary of Evidence

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

1. Each police statement made to D or E;

1. Application of Acts and subordinate statutes on the calculation details of retirement allowances, a written agreement on payment of benefits, a written agreement on payment of retirement allowances, and passbooks

1. Article 109(1), Article 36 of the Labor Standards Act (a violation of the duty to liquidate gold) concerning facts constituting an offense, and Article 44 Subparag. 1, and Article 9 of the Guarantee of Workers' Retirement Benefits Act (a violation of the duty to liquidate gold);

1. The Commercial Concurrent Crimes Act.

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