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(영문) 서울중앙지방법원 2019.01.10 2018고단2187

근로기준법위반등

Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

The defendant is a person who operates Jongno-gu Seoul Metropolitan Government Buildings C and E, and is engaged in health auxiliary food manufacturing business, etc.

1. When a worker retires, the employer in violation of the Labor Standards Act shall pay the wages, compensations, and other money or valuables within fourteen days after the cause for such payment occurred;

Nevertheless, from July 1, 2015 to January 25, 2017, the Defendant, while working as an agent for the production department at the above company, did not pay KRW 2,000,000 to retired workers F, within 14 days from the date of retirement without an agreement between the parties on the extension of the due date.

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

Nevertheless, the Defendant did not pay KRW 1,051,428 of the F's retirement pay to the employees referred to in the above Paragraph 1 within 14 days from the date of retirement without any agreement on the extension of the due date between the parties.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Statement of liquidity transactions, employment contracts, average wages and retirement allowances, and all certificates of registered matters;

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 109 (1) and Article 36 of the Labor Standards Act related to criminal facts, 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 an alternative fine for punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the defendant is in arrears with wages and retirement allowances for a considerable period of time, etc. is disadvantageous to the defendant.

However, the wages and retirement allowances have been aggravated due to the fact that the defendant led to the crime of this case and misunderstandings, and the financial situation has become worse due to the problem of authorization of local foreign capital corporations in China.