logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2018.03.22 2018고정148
근로기준법위반등
Text

Defendant shall be punished by a fine of KRW 500,000.

Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

The defendant is the user who has been engaged in the business of manufacturing financial instruments by using eight full-time workers as the C representative director in the Gangseo-gu Seoul Metropolitan Government Building No. 903.

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;

The Defendant was employed as an employee by joining the above company on April 2, 2014, and did not pay KRW 6,504,500,000 to D that retired around May 29, 2017, within 14 days from the date of retirement without any agreement between the parties on the extension of the payment deadline.

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

The Defendant, who was employed as an employee of the foregoing company on April 2, 2014, did not pay KRW 5,412,596 in total for D retirement pay on May 29, 2017, within 14 days from the date of retirement without any agreement between the parties on the extension of payment deadline.

Summary of Evidence

1. Statement by the defendant in court;

1. To apply Acts and subordinate statutes in arrears (D);

1. Articles 109(1) and 36 of the Labor Standards Act for the relevant Act on criminal facts, and subparagraphs 1 and 9 of Article 44 of the Guarantee of Workers' Retirement Benefits Act (which shall not be paid for retirement);

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

1. Selection of an alternative fine for punishment;

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;

arrow