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(영문) 서울중앙지방법원 2018.09.20 2018고단3407
근로기준법위반등
Text

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

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

Reasons

Punishment of the crime

The defendant is a person who operates C in Jinju-si B and I.

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

Nevertheless, the Defendant did not pay KRW 1,716,596 of the wages of workers D who retired while working in the said workplace from March 17, 2017 to December 17, 2017 within 14 days from the date of retirement without an agreement between the parties on the extension of the payment deadline.

In addition, the Defendant did not pay the total amount of KRW 7,555,426 to four workers in the above workplace within 14 days from the date of retirement, as stated in the list of crimes in the attached list of crimes.

2. An employer who violates the Guarantee of Retirement Benefits for a worker shall pay a retirement allowance within 14 days after the ground for such payment occurred, in case where the worker retires.

Nevertheless, the Defendant did not pay KRW 6,027,982 of retirement allowances E to retired workers who worked in the said workplace from September 11, 2015 to December 17, 2017, within 14 days from the date of retirement without an agreement between the parties on the extension of the payment deadline.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F or D;

1. E’s written petition;

1. To apply statutes on financial transaction records, such as a report on actual arrears of wages, average wages and retirement allowances, a business registration certificate, a bonus ledger, a statement of payment of wages, a statement of payment of wages, calculation of retirement allowances, inquiry about transaction details, details of weekly paid leave, each labor contract, details of wages,

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 Act on the Guarantee of Workers’ Retirement Benefits (a point of payment of unpaid wages);

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

1. Selection of each alternative fine for punishment (a confession, the amount of overdue wages and retirement allowances, punishment records, and other accused's age, sex, economic conditions, occupation and conditions after crimes, etc.;

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