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(영문) 서울중앙지방법원 2016.06.16 2015고단5156

근로자퇴직급여보장법위반등

Text

Defendant shall be punished by a fine of KRW 4,000,000.

Where the above fine is not paid, 100,000 won shall be one day.

Reasons

Punishment of the crime

[2015 Highest 5156]

1. The Defendant violates the Labor Standards Act and the Workers’ Retirement Benefit Security Act is the representative of the Co., Ltd. E in the five floors of Seocho-gu Seoul Metropolitan Government D Building, who ordinarily employs more than 30 workers and operates the parking lot transport business.

From October 8, 2012 to February 8, 2015, the Defendant retired from office at “G hospital parking lot” located in Sungnam-gu, Sungnam-si, Sungnam-si, which was operated by the said company, and had not paid KRW 2,23,635 in total and KRW 2,487,590 in the wages of H, including KRW 918,645 and retirement pay 2,487,590 in the annexed crime list (1)-1 re-1, as well as KRW 2,23,635 in total and KRW 2,487,590 in the total and KRW 2,490 in the wages of two retired workers within 14 days from the date of retirement without any agreement on the extension of the payment date between the parties.

[2015 Highest 7882]

2. The Defendant violated the Labor Standards Act and the Act on Guarantee of Retirement Benefits for Workers as the representative of the said stock company E from October 26, 2009 to June 30, 2015, the Defendant did not pay KRW 597,129, and the amount of KRW 7,49,860 of the wages of the retired worker K while working at the “J University Parking Site” located in Seongdong-gu Seoul Metropolitan Government from October 26, 2009 to June 30, without any agreement between the parties on the payment date, and did not pay KRW 29,671,180, total amount of seven workers’ wages, as described in the attached Table (2)-1, as stated in the attached Table (2)-1, within 14 days from the date on which the grounds for payment occurred without any agreement between the parties on the payment date.

3. An employer in violation of the Minimum Wage Act shall pay the workers subject to the minimum wage at least the minimum wage determined and publicly notified annually by the Minister of Labor; 4,860 won per hour for 2013; 5,210 won per hour for 2014; and 5,580 won per hour for 2015 for 2015.

Nevertheless, from June 23, 2008, the Defendant served as a parking commissioner in the “M hospital parking lot” L in the Guri-si L from June 23, 2008.