logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2019.07.10 2018고단6127
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

From September 2010 to September 30, 2017, the Defendant was in office as the representative director of the KH in Gangnam-gu Seoul Metropolitan Government G, and from September 25, 2017, the Defendant was in office as the representative director of the Gangnam-gu I building and the K K in the dispute resolution plan in Seoul, Gangnam-gu and J.

1. Where an employer in violation of the Guarantee of Workers' Retirement Benefits Act related to the Institute of Bankruptcy and the Institute of Bankruptcy retires, he/she shall pay a retirement allowance within 14 days from the time when the cause for such payment occurred;

Nevertheless, the Defendant did not pay KRW 22,037,616 of L retirement pay from August 5, 2013 to September 30, 2017 at the same place of business within 14 days from L’s retirement, without any agreement between the parties on the extension of the payment date.

2. Where a worker dies or retires, the employer in violation of the Labor Standards Act concerning the K in charge of the settlement of accounts shall pay the wages, compensations, and all other money and valuables within 14 days after the cause for such payment occurred, unless there are special circumstances.

Nevertheless, the Defendant did not pay the total amount of KRW 9,453,531,531 of wages for two workers who worked in the K in the dispute resolution company twice in total as shown in the attached Form No. 1 and No. 3, as shown in the attached Form No. 1 and No. 3, in the absence of an agreement between the parties on the extension of the payment date and KRW 2,166,670 of wages for December 2017 and KRW 698,925 of wages for December 1, 2017 and the wage for January 1, 2018, within 14 days from the date of each worker’s retirement, in the absence of an agreement between the parties on the extension of payment date.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of L/M;

1. Each written complaint of L or M;

1. A certificate of delayed payment of wages, certificate of accounts payable for retirement benefits, calculation of retirement benefits, and receipt of tax withholding for wage and salary income;

1. Application of Acts and subordinate statutes concerning annual salary contracts;

1. Article 44 subparagraph 1 of the Guarantee of Workers' Retirement Benefits Act and Article 9 of the same Act concerning facts constituting an offense, respectively;

arrow