beta
(영문) 서울중앙지방법원 2013.11.28 2013고정3580

근로기준법위반

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The defendant is the representative C, who was closed in the first floor of the Gangnam-gu Seoul Metropolitan Government, and has operated a sports driving institute by using six full-time workers.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money and valuables within 14 days from the date when the cause of such death or retirement occurred, unless there exists an agreement between the parties on the extension of the due date.

Nevertheless, the Defendant worked from April 2, 2007 to November 30, 2009 at the above workplace and did not pay 1,152,00 won for retired workers on July 7, 2007, wages of 1,200,000 won on August 8, 2007, and 1,40,000 won for each month from September 2, 2007 to November 207, and 70,70,000 won for wages of 70,00,000,000 won for 7,00,000,000 won for 7,00,000,00 won for 8,000,000 won for wages of 8,000,000 won for 9,000,000 won for wage of 1,300,000 won for May 1, 2008, 2008.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning D;

1. Application of Acts and subordinate statutes on a petition;

1. Articles 109(1) and 36 of the Labor Standards Act for criminal facts, and Articles 31 and 9 of the former Guarantee of Workers' Retirement Benefits Act (wholly amended by Act No. 10967, Jul. 25, 201) (the fact that retirement allowances are unpaid) of the same Act, and the prosecutor charged for the non-payment of retirement allowances among the facts charged in the instant case by applying the Labor Standards Act. However, the Guarantee of Workers' Retirement Benefits Act was enacted by Act No. 7379, Jan. 27, 2005 and entered into force on December 1, 2005; at the same time, Article 34 of the Labor Standards Act provides the retirement benefits payment system that an employer pays to a retired employee.