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(영문) 서울북부지방법원 2015.10.16 2015고정1515

근로자퇴직급여보장법위반등

Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a user who operates a program development company (ju), using 7 full-time workers in Seoul Special Metropolitan City, Nowon-gu 706.

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

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

Nevertheless, the Defendant did not pay KRW 577,131 of E’s work from January 3, 201 to August 18, 2014 at the above workplace, and did not pay KRW 6,152,963 in total of wages to E, as shown in the attached crime list, within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without any agreement between the parties to the extension of the due date, as stated in the attached crime list.

2. When a worker retires, the employer shall pay the retirement allowance within fourteen days after the cause for such payment occurred; and

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

Nevertheless, the Defendant did not pay KRW 4,928,200 of retirement pay during the same period from January 3, 2011 to August 18, 2014 at the above workplace within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without agreement between the parties on the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Application of Acts and subordinate statutes to the statement prepared by a special judicial police officer in E;

1. Article 109 (1) and Article 36 of the Labor Standards Act regarding criminal facts, Article 44 subparagraph 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act, and the choice of fines, respectively;

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 of the Criminal Act for the detention of a workhouse.