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(영문) 서울중앙지방법원 2020.01.22 2019고정757

근로기준법위반등

Text

Defendant shall be punished by a fine of KRW 700,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The defendant is the representative director of the corporation C in Gwanak-gu in Seoul Special Metropolitan City (hereinafter referred to as the "company in this case") who runs the sales business of automated machine parts using six full-time workers.

The Defendant, while working in the foregoing workplace from November 1, 2016 to August 30, 2018, paid KRW 5,631,432 of the D retirement pay, and KRW 2,939,406 of the E retirement pay retired after serving in the workplace from August 1, 2017 to August 31, 2018, 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. Partial statement of the defendant;

1. Witnesses D and E respective legal statements;

1. The application of Acts and subordinate statutes to report the calculation of each benefit ledger, the calculation of wages and allowances for overtime work, and investigation results;

1. Article 44 of the Guarantee of Workers' Retirement Benefits Act and Articles 44 subparagraph 1 and 9 of the Act on the Guarantee of Workers' Retirement Benefits, and Selection of fines;

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 portion not guilty under Article 334 (1) of the Criminal Procedure Act of the provisional payment order

1. The summary of the facts charged is that the Defendant, while working in the instant company from November 1, 2016 to August 30, 2018, did not pay KRW 11,693,462, including the sum of money and valuables, such as wages, on August 8, 2018, and KRW 14,806,874, including two workers, within 14 days from the date of retirement without any agreement on the extension of the payment date between the respective parties, as described in the attached list of crimes.

2. Upon entering into an employment contract, an employer of the legal doctrine shall, in principle, determine the basic wages of a worker and pay an allowance in addition thereto based on such determination. However, without calculating the basic wages in advance, the aggregate amount of the allowances shall be determined as a monthly wage or daily wage, or a certain monthly amount, without calculating the basic wages in light of the working hours, the form of employment, the nature of work, etc. of an employee.