beta
(영문) 서울남부지방법원 2016.04.06 2015고단5609

근로기준법위반등

Text

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

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

Reasons

Punishment of the crime

The defendant is a user who runs a broadcasting and communications service business using six full-time workers as the representative director of Geumcheon-gu Seoul Metropolitan Government building C (ju) in 915.

1. When a worker dies or retires, an employer in violation of the Labor Standards Act shall pay him/her wages, compensations, or 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.

Nevertheless, the Defendant did not pay 26,702,490 won, including D’s wage of 18,803,100 won, working at the above workplace from October 1, 2012 to November 10, 2014, for each retirement day without any agreement on the extension of the payment period between the parties, as well as the details of the list of crimes in the attached Table.

2. An employer who violates the Guarantee of Retirement Benefits of a worker shall pay a retirement allowance within fourteen days after the ground for such payment occurred, in case where the worker retires; and

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

Nevertheless, the Defendant did not pay the total amount of KRW 9,748,860, as well as KRW 7,682,519, etc. of D retirement pay from October 1, 2012 to November 10, 2014 at the above workplace, as well as KRW 9,748,860, as shown in the list of crimes in the attached Form.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement prepared D and E;

1. Application of Acts and subordinate statutes to instruct correction of violations of labor-related Acts;

1. Article 109(1) and Article 36 of the Labor Standards Act (a point of payment of wages) of the relevant Act on criminal facts, and Article 44 Subparag. 1 and Article 9 of the Guarantee of Retirement Benefits for Workers (a point of payment of unpaid wages);

1. Articles 40 and 50 of the Criminal Act for the ordinary concurrences;

1. Aggravation concurrent crimes;