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(영문) 서울동부지방법원 2019.07.23 2019고정178
근로기준법위반등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The defendant is a C representative director of Songpa-gu Seoul Metropolitan Government, who runs software development business using eight full-time workers.

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

Provided, That in special circumstances, the date may be extended by mutual agreement between the parties.

Nevertheless, the Defendant, at the same place of business, worked from October 1, 2016 to February 18, 2018, and worked for the period from October 1, 2016 to February 18, 2018 for retired workers D to KRW 937,370, and from October 1, 2016 to January 31, 2018.

A retired worker E did not pay the total of KRW 1,938,480,00 for the year-end settlement refund in 2017, within 14 days from the date of retirement without an agreement between the parties on the extension of the due date.

2. An employer who violates the Guarantee of Workers' Retirement Benefits Act shall, in case where a worker retires, pay the retirement allowance within fourteen days after the cause for such payment occurred; and

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

Nevertheless, the Defendant is working in the foregoing workplace from October 1, 2016 to February 18, 2018 and works in D retirement pay of 5,931,604 won, and from September 1, 2016 to December 31, 2017 for retired workers.

Retirement pay of retired workers 2,449,672 won, and from October 1, 2016 to January 31, 2018.

The retirement allowance of retired workers E was not paid KRW 14,920,883 in total for 6,539,607,000 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. A statement of true statement of D, F, and E, and a statement of calculation of retirement allowances;

1. Application of each relevant statute;

1. Article 109(1) and Article 36 of the Labor Standards Act as to facts constituting an offense (the point of payment of wages), respectively.

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