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(영문) 서울동부지방법원 2015.10.16 2015고정825

근로기준법위반등

Text

Defendant shall be punished by a fine of KRW 2,500,000.

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

Reasons

Punishment of the crime

The defendant is a C office manager in Songpa-gu Seoul Metropolitan Government who runs food business with four regular workers.

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

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

Nevertheless, the Defendant is working from December 29, 2012 to October 13, 2014 at the above workplace.

D's wages of KRW 400,00 on June 6, 2014, as well as KRW 13,417,410 on the total amount of three workers' wages, as shown in the annexed Table of Crimes, were not paid within 14 days from the date of retirement without an agreement between the parties on the extension of the due date.

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

Provided, That the date of payment may be extended according to an agreement between the parties in extenuating circumstances.

Nevertheless, the defendant works in the above workplace from December 29, 2012 to October 13, 2014.

The retirement allowance of 2,325,900 won was not paid within 14 days from the date of retirement without any agreement between the parties on the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Each written petition of D, E, and F;

1. Application of each statute of fact confirmation of D, E, and F

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 where retirement allowances are not paid);

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

1. Selection of each alternative fine for punishment;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The order of provisional payment;