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(영문) 서울서부지방법원 2016.04.21 2016고정234

근로기준법위반등

Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is the third representative of the Co., Ltd. in Mapo-gu Seoul Metropolitan Government 101 floor B, who ordinarily employs three workers and operates broadcasting equipment business.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred.

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

1. The Defendant in violation of the Labor Standards Act did not pay wages of KRW 767,420 on August 27, 2014, which he/she retired from the said workplace as wages from December 1, 2010 to February 27, 2015, wages of KRW 2,071,940 on September 2, 2014, wages of KRW 2,027,940 on October 2, 2014, wages of KRW 2,060,940 on November 1, 2014, wages of KRW 2,060,940 on December 1, 2014, wages of KRW 2,027,940 on January 1, 2015, wages of KRW 2,027,940 on February 27, 2015, wages of KRW 13,05,040 on October 14, 2014.

2. The Defendant violated the Act on the Guarantee of Retirement Benefits for Workers did not pay KRW 9,245,306 of D retirement pay to the Defendant, who retired from the said workplace, to February 27, 2015, for the period from December 1, 2010 to February 27, 2015 without any agreement between the parties on the extension of the payment period.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to the specifications of overdue payments, retirement income source collection receipts, earned income collection receipts, annual salary contract, and salary specifications;

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;

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

1. Selection of each alternative fine for punishment;

1. Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act to increase concurrent crimes;

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;