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(영문) 서울중앙지방법원 2020.04.28 2019고단2872
근로기준법위반등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The Defendant, as a person in charge of the business management of C in the 6th floor in Gangnam-gu Seoul Metropolitan Building, was a user who runs the parking lot operation business, etc. using 15 full-time workers. From September 2013, the Defendant entered into a lease contract with the D Hospital in Busan Shipping Daegu and operated the parking lot.

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 the date may be extended by mutual agreement between the parties in extenuating circumstances.

Nevertheless, the defendant is employed as a parking management personnel from May 1, 2013 to September 30, 2018 at the parking lot of the above D Hospital.

The retirement E's wages of 1,425,680 won in September 2018, retirement allowances of 7,185,340 won in retirement allowances, annual allowances of 2017, annual allowances of 373,240 won in year 2018, annual allowances of 10,024,080 won in year 2018, did not pay 10,008,340 won in total within 14 days from the date of retirement without agreement between the parties on extension of the due date between the parties as shown in the attached crime list, and did not pay 58,870,660 won in total, including eight workers' wages, retirement allowances, etc., within 14 days from the date of each retirement without agreement on extension of the due date between the parties concerned.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Each written statement;

1. A chief commissioner and a chief delegating director;

1. A list of the accounts of retirement allowances, a list of nine-month benefit, and a list of annual allowances;

1. Application of Acts and subordinate statutes on annual settlement of accounts;

1. Article 109(1) and Article 36 of the former Labor Standards Act (amended by Act No. 16270, Jan. 15, 2019); Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (amended by Act No. 16270, Jan. 15, 201);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (trades in violation of the Labor Standards Act by worker and the Act on the Guarantee of Workers' Retirement Benefits);

1. Selection of penalty:

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