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(영문) 서울서부지방법원 2019.01.09 2018고정907
근로기준법위반등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the chairperson of Mapo-gu Seoul Metropolitan Government building B and the second floor C, who is an incorporated association that runs a service business (copyright entrustment management) by employing eight full-time workers.

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, and the period may, under special circumstances, be extended by mutual agreement between the parties concerned.

1. The Defendant is working in the foregoing workplace from February 22, 2016 to March 5, 2018.

The retired worker D’s wages of 720,363 won in May 2017, the wage of 1,383,340 won in July of the same year, the wage of 2,083,340 won in August of the same year, and the wage of 740,586 won in October of the same year, including 4,927,629 won in the attached Table of Crimes, and the total of 11,91,258 won in total, as shown in the attached Table of Crimes, were not paid within 14 days from each retirement date on which the cause for payment occurred, without any agreement on the extension of the due date between the parties.

2. The Defendant is working in the foregoing workplace from February 22, 2016 to March 5, 2018.

The retirement allowances of retired workers D including KRW 4,240,874, and the total amount of KRW 9,683,058,058, including the total amount of KRW 4,240,874, were not paid within 14 days from the date of each retirement, which is the date of the occurrence of the cause for payment, without any agreement between the parties

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Each E, D, and F statement;

1. Application of Acts and subordinate statutes to the calculation of average wages and retirement allowances;

1. Article 109 (1), Article 36 of the Labor Standards Act concerning facts constituting an offense, and Article 44 subparagraph 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 for the ordinary concurrences;

1. Selection of each alternative fine for punishment;

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

1. The Criminal Act, the suspension of execution;

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