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(영문) 서울남부지방법원 2015.10.15 2015고정1668
근로기준법위반등
Text

Defendant shall be punished by a fine of 200,000 won.

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

Reasons

Punishment of the crime

The defendant is the representative of Geumcheon-gu Seoul Metropolitan Government Co., Ltd. and four full-time workers, who are engaged in the manufacturing industry by employing four workers, and where a worker retires, the defendant shall pay wages and retirement allowances within 14 days from the time when the grounds for such payment occurred.

1. The Defendant, while working in the foregoing workplace from March 22, 2013 to April 30, 2014, did not pay KRW 3,578,424 of D retirement pay, which was retired, to the lapse of 14 days from the date of retirement without agreement between the parties to the extension of the due date.

2. The Defendant did not pay KRW 748,030 of D’s wages for April 2013, and KRW 1,234,400 of the unused Annual Allowances for Non-use, as described in paragraph 1, to the end of 14 days from the date of retirement without agreement between the parties to the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements on DNA preparation;

1. Application of Acts and subordinate statutes to a written confirmation of delayed payment of wages and written calculation of retirement allowances;

1. Article 109(1) and Article 36 of the Labor Standards Act related to criminal facts, Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (a point of payment of retirement allowances);

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

1. Selection of punishment: Selection of a fine;

1. A fine of KRW 200,000 [a prosecutor applied for a summary order of KRW 1 million, but the defendant, among the above items, remitted all of his/her retirement pay (a retirement pay of KRW 3,476,324 subtracting taxes) and benefits to an employee, and the current amount unpaid is KRW 1,234,00,00. In addition to reflecting such circumstances, the defendant’s confession as a principal offender, taking into account the facts leading up to the crime, family relations, and economic aspects, etc., imposing a fine of KRW 20,000,000,000,

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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