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(영문) 서울북부지방법원 2013.06.03 2013고정1108
근로기준법위반등
Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is an employer who has been engaged in wedding business using five regular workers in the name of Nowon-gu in Seoul Special Metropolitan City.

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;

Provided, That in special circumstances, the date of payment may be extended according to the agreement between the parties.

Nevertheless, the Defendant did not pay 17,224,619 won, including C’s unpaid wage 4,763,225 from June 25, 2012 to August 27, 2012, which worked in the said workplace from April 2002 to August 27, 2012, as well as 17,224,619 won, in total, of five retired workers, from the date of retirement without agreement between the parties to the extension of the due date for payment.

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

Provided, That in special circumstances, the date of payment may be extended according to the agreement between the parties.

Nevertheless, the Defendant did not pay KRW 18,548,357, including KRW 6,731,506 of C’s retirement pay from April 25, 2002 to August 27, 2012 at the same place of business and KRW 18,548,357, including KRW 6,731,50,000, for retirement allowances of four retired workers, without agreement between the parties to the extension of the due date for payment.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Statement to C by the police;

1. Application of respective laws and regulations of C, D, E, and F

1. Article 109 (1) and Article 36 of the Labor Standards Act, Article 44 subparagraph 1 of the Guarantee of Workers' Retirement Benefits Act, and Article 9 of the same Act, and the choice of fines, respectively, concerning facts constituting an offense;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Detention at a workhouse;

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