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(영문) 서울북부지방법원 2019.09.25 2019고정791

근로기준법위반등

Text

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

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

Reasons

Punishment of the crime

The defendant is an employer who operates C's physical training facilities using five full-time workers on the fourth floor of Gangnam-gu Seoul Metropolitan Government.

1. When a worker retires, the employer shall pay the wages, compensations, and all other money and valuables within fourteen days after the cause for such payment occurred;

Nevertheless, the defendant works in the above workplace from May 1, 2017 to September 30, 2018.

The retirement D’s “18 year wage of 600,000 won”, “1,00,000 won for July 18,” and “1,00,000 won for August 18” and “1,50,000 won for September 18,” as indicated in the attached Form, did not pay each total of KRW 23,568,440 for eight retired workers within 14 days from the date on which the cause for payment occurred, without any agreement on extension of the due date between the parties.

2. When a worker retires, the businessman shall pay the retirement allowance within fourteen days after the cause for such payment occurred.

Nevertheless, the defendant is working at the above workplace from May 1, 2017 to September 30, 2018.

The retirement allowances of retired E, including KRW 1,388,320, did not pay the total amount of KRW 6,417,360 of retirement allowances of retirement workers 6,417,360 within 14 days from each retirement day, which is the date on which the cause for payment occurred, without any agreement between the parties on the extension of

Summary of Evidence

1. Defendant's legal statement;

1. Application of the respective laws and regulations of F, G, D, H, I, J, K, L, and M

1. Article 109 (1), Article 36 of the Labor Standards Act concerning facts constituting an offense, and Article 44 subparagraph 1, and Article 9 of the Guarantee of Workers' Retirement Benefits Act (a point where payment of retirement allowances is not made);

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

1. Selection of each alternative fine for punishment;

1. The repayment of additional money to the workers under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent crimes;