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(영문) 서울중앙지방법원 2017.10.26 2017고정758

근로기준법위반등

Text

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

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

Reasons

Punishment of the crime

The defendant is a representative director of Seocho-gu Seoul Metropolitan Government, Seocho-gu, and 101, who employs eight full-time workers, and is an employer as a business management officer who operates the Dispute Resolution Co., Ltd.

1. When a worker dies or retires, the employer shall pay all money and valuables, such as wages, within 14 days from the date on which the cause for such death or retirement occurred, unless the parties have agreed on the extension of the due date of payment;

Nevertheless, the Defendant Company’s served on February 12, 2014 through December 31, 2015 and retired from office on December 31, 2015, and served on December 12, 2015, and did not pay KRW 285,740, and KRW 285,740, and KRW 3,867,620, and KRW 500,000,000 for wages on July 2016, 2016 of retired workers E, including the number of retired workers, from May 1, 2016 to October 15, 2016; and did not pay KRW 500,00 for wages on August 5, 2016; KRW 500,00 for wages on October 9, 2016; and KRW 2,419,355 for retirement workers on June 21, 2015;

2. An employer shall, when a worker retires, pay the retirement allowance within 14 days from the date on which the grounds for such payment occurred, unless there exists any special extension agreement between the parties concerned;

Nevertheless, the Defendant did not pay KRW 5,222,690 of the retirement allowance D's retirement allowance to the employees specified in paragraph 1 within 14 days from the date of retirement without any agreement between the parties on the extension of the payment deadline.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. Each petition and statement of D or E;

1. Verification of overdue payment of wages, copy of passbook, inquiry of transaction details, and application of the labor contract statutes;

1. Articles 109(1) and 36 of the Labor Standards Act concerning facts constituting an offense, as prescribed by the relevant Act, and subparagraphs 1 and 9 of Article 44 of the Act on the Guarantee of Workers’ Retirement Benefits;

2. Articles 40 and 50 of the Criminal Act of the Commercial Competition.

3. Selection of each alternative fine for punishment;

4. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act for the increase of concurrent crimes.

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

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