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(영문) 서울북부지방법원 2016.07.14 2015고정2212

근로기준법위반등

Text

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

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 C in Gangnam-gu Seoul Metropolitan Government, who employs 10 full-time workers and operates miscellaneous manufacturing and distribution business.

1. On February 18, 2013, the Defendant violated the Labor Standards Act (hereinafter “Labor Standards Act”) did not pay KRW 153,360 of D’s wages in October 25, 2014, to the said company within 14 days from the date on which the cause for payment occurred, without any agreement between the parties on the extension of the payment deadline.

2. On October 25, 2014, the Defendant violated the Act on the Guarantee of Retirement Benefits for Workers did not pay KRW 4,177,340 of retirement allowances to the said D, who retired on October 25, 2014, within 14 days from the date on which the relevant grounds for payment occurred, without any agreement between the parties on the extension

Summary of Evidence

1. Legal statement of the witness D;

1. Statement made by the police against D;

1. A written petition;

1. Application of Acts and subordinate statutes to resignation, agreement on wage reduction, written confirmation of transaction details, deposit certificate, standard employment contract, average wages, and written calculation of retirement allowances;

1. Articles 109(1) and 36 of the Labor Standards Act for the relevant Act on criminal facts, and subparagraphs 1 and 9 of Article 44 of the Guarantee of Workers' Retirement Benefits Act (which shall not be paid for retirement);

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

1. Selection of an alternative fine for punishment;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;