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(영문) 서울북부지방법원 2017.06.29 2017고단1050

근로기준법위반등

Text

The sentence of a defendant shall be 3,000,000 won.

When a fine is to be paid, it shall be confined in a workhouse for 30 days.

Reasons

Punishment of the crime

The defendant, as the representative of the corporation D in Gangnam-gu Seoul Metropolitan Government, is an employer who employs nine full-time workers and provides service business (in-line bid information).

An employer shall, when a worker retires, pay the wages, retirement allowances, etc. within 14 days after the cause for such payment occurred, unless the parties have agreed to extend the payment date.

From February 1, 2012 to February 29, 2016, the Defendant did not pay KRW 10,164,896, in total, KRW 10,162,00 from the date of retirement to December 12, 2015, KRW 430,224, wage 1,426,302, wage 1,626,30, wage 1,675,780, wage 6,632,590 on February 1, 2016, and KRW 10,164,896 within 14 days from the date of retirement without agreement on the extension of the payment period between the parties.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of E;

1. Articles 109(1) and 36(1) of the Labor Standards Act concerning criminal facts; Articles 44 subparag. 1 and 9 of the Act on the Guarantee of Workers’ Retirement Benefits;

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

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

1. Dismissal of a public prosecution under Article 334 (1) of the Criminal Procedure Act against the order of provisional payment;

1. The Defendant is the representative of Gangnam-gu Seoul Metropolitan Government D, who employs nine full-time workers and engages in service business (online bid information). ① Wages 390,561 won from May 3, 2010 to May 8, 2015 with respect to retired workers F, 314,160 won, 10,750 won, 9,789, 630 won, 206, 207, 207, 2015, 10, 207, 2015, 206, 30,000 won, 10,750,000 won, 20,000,000 won, 15,000 won, 16,06,000 won, 16,06,06,000 won, 16,06,06,00 won, 20,015 won, 26,015