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(영문) 서울중앙지방법원 2013.05.31 2013고정1430

근로기준법위반등

Text

Defendant shall be punished by a fine of KRW 3,500,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant, as the representative director of Gangnam-gu Seoul Company B, is an employer who conducts service business using five full-time workers.

When a worker dies or retires, the employer in violation of the Labor Standards Act shall pay the wages, compensations, and other money and valuables within 14 days after the ground for such payment occurred.

Nevertheless, the Defendant had worked from July 1, 2009 to August 31, 201 at the above workplace and had retired from C, and had not paid KRW 41,462,115 to C within 14 days from the date of retirement without agreement on the extension of the due date for payment.

(b) Where a worker retires, the employer who violates the Guarantee of Workers' Retirement Benefits Act shall pay the retirement allowance within fourteen days after the ground for such payment occurred; and

Nevertheless, the Defendant did not pay C retirement allowances of KRW 4,478,200 to C within 14 days from the date of retirement without an agreement on the extension of the due date, while working in the above workplace from July 1, 2009 to August 31, 201.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement prepared by C;

1. Application of the Acts and subordinate statutes to entries in the statement of performance;

1. Articles 109(1) and 36 of the Labor Standards Act concerning criminal facts (the fact that the obligation to liquidate money and other valuables) and Articles 31 and 9 of the former Guarantee of Workers' Retirement Benefits Act (amended by Act No. 10967, Jul. 25, 201) (the fact that retirement allowances are not paid)

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 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;