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(영문) 서울서부지방법원 2019.01.18 2018고정1030
근로기준법위반등
Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a representative of Mapo-gu Seoul Metropolitan Government C convenience store, who employs five full-time workers and operates a retail 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 is working from August 20, 2012 to March 20, 2018 at the above workplace.

A retired worker D's wage of 1,800,000 won in February 2018, and wage of 1,800,000,000 in March 2018, and work for 3,60,000 won in March 2018 and from April 5, 2017 to March 28, 2018.

The total amount of wages of retired workers E, 850,00 won in February 2018, wages of 1,219,860 won in March 2018, and the total amount of wages of 3,162,510 won in weekly paid leave allowances, 5,232,370 won in March 2018, was not paid within 14 days from the date of retirement without any agreement between the parties on the extension of the due date.

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

Nevertheless, the defendant is working from August 20, 2012 to March 20, 2018 at the above workplace.

Retirement allowances of retired workers D 5,400,000 won and from April 5, 2017 to March 28, 2018.

The retirement allowance of retired workers E was not paid 1,339,333 won within 14 days from the date of retirement without any agreement between the parties on the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes of E and A (including attached documents);

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

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

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act is based on the order of provisional payment.

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