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(영문) 서울중앙지방법원 2018.07.17 2018고단1119
근로기준법위반등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

The defendant is a D representative in Gangnam-gu Seoul Metropolitan Government who is a full-time worker and has operated the clothing manufacturing business by using ten full-time workers.

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

Nevertheless, the Defendant did not pay 3,50,000 won in total, including the wage balance of 1,200,0000 won in September 2, 2017, and the wage balance of 7,000,000 won in October 2017, and the wage balance of 1,60,000,000 won in November 201, 207, within 14 days from the date of retirement without agreement between the parties to the extension of the payment period, as from July 12, 1979 to November 15, 2017.

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

Nevertheless, the Defendant did not pay KRW 45,878,918 of retirement allowances of retired workers E from the said workplace from July 12, 1979 to November 15, 2017, within 14 days from the date of retirement without agreement between the parties to the extension of the payment deadline.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A E statement and a written petition;

1. Application of Acts and subordinate statutes on transaction lists by account;

1. Articles 109(1) and 36 of the Labor Standards Act for the relevant Act on criminal facts, and subparagraphs 1 and 9 of Article 44 of the Guarantee of Workers' Retirement Benefits Act (which shall not be paid for retirement);

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

1. Selection of an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Circumstances unfavorable to the sentencing of Article 334(1) of the Criminal Procedure Act: Circumstances under which the amount of wages or retirement allowances in arrears with the first two workers was in arrears, and the F was charged with the Defendant.

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