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Reasons
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(영문) 서울중앙지방법원 2013.10.25 2013고정637
근로기준법위반등
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Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won shall be paid.

Reasons

Punishment of the crime

The defendant is a user who actually operates the software development business using 20 full-time workers as a company in the fourth floor of Gangnam-gu Seoul Metropolitan Government B building C.

1. Where a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred, but the accused shall be from the date of May 15, 2012 to the same year at the same workplace;

7. A retired worker D’s 833,33 won on June 6, 2012, and 3,306,451 won on July 2012, including 2,473,118 won, and 3,306,451 won on July 7, 2012, and 18,55,591 won on total of four employees, as described in the attached crime list, were not paid within 14 days from the date of retirement without any agreement between the parties on the extension of the due date.

2. Where an employee retires, the employer shall pay the retirement allowance within 14 days from the date when the cause for such payment occurred. However, the Defendant worked in the said workplace from May 2, 201 to September 18, 2012, and the Defendant did not pay 2,432,174, and 2,427,451 won of the F's retirement allowance of the employee E while working in the workplace from May 2, 201 to September 17, 2012 from May 2, 2011 to September 17, 2012, within 14 days from the date of retirement without any agreement between the parties on extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. The written statement prepared by each special judicial police officer with respect to G, D, E, and F;

1. Application of Acts and subordinate statutes governing payment of wages;

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 the main sentence of Article 9 of the same Act, respectively, concerning facts constituting an offense;

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 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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