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(영문) 서울중앙지방법원 2018.05.14 2017고정3323
근로기준법위반등
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

The defendant is a D representative with the 110th floor of the building C in Guri-si, who has employed eight full-time workers and operated parking management business.

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

Nevertheless, the Defendant, at the Seocho-gu Seoul Metropolitan Government building, which is a place of business entrusted management, worked as a parking management officer for the period from June 26, 2015 to December 31, 2016 and did not pay KRW 432,000 of the amount of divided wages on December 2016, which was retired from office, within 14 days from the date of retirement without any agreement between the parties on the extension of payment deadline.

2. An employer shall, if a worker retires, pay the retirement allowance within fourteen days after the cause for such payment occurred;

Nevertheless, the Defendant did not pay KRW 2,677,486 of the F's retirement allowance from the date of retirement within 14 days from the date of retirement without an agreement between the parties on the extension of the payment deadline between the parties, who worked as a parking management officer for the period from June 26, 2015 to December 31, 2016 at the Seocho-gu Seoul Building, Seoul Metropolitan Government E, a place of business entrusted management.

Summary of Evidence

1. The defendant's legal statement (as at the date of the second public trial, in the case);

1. Application of the Acts and subordinate statutes on the police statement and the statement protocol to the F;

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;

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