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(영문) 서울중앙지방법원 2015.08.25 2015고정2392
근로기준법위반등
Text

Defendant shall be punished by a fine of KRW 700,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The defendant is a F representative in Gangnam-gu Seoul, who employs four full-time workers and operates a skin management business.

The Defendant, while working in the aforesaid F from April 2, 2013 to April 30, 2014, did not pay KRW 1.6 million in March 2014 of retired workers G, and KRW 4,80,984 in total, KRW 1.6 million in April 2014, and KRW 1,600,984 in April 2014, within 14 days from the date of retirement without any agreement between the parties on the extension of the payment date between the parties.

Summary of Evidence

1. Statement by the defendant in court;

1. Documents and written statements of G;

1. Application of Acts and subordinate statutes to the calculation of average wages and retirement allowances;

1. Article 109 (1) and the main sentence of Article 36 of the Labor Standards Act (which means the payment of wages), Article 44 subparagraph 1 of the Guarantee of Workers' Retirement Benefits Act, and the main sentence of Article 9 (which means the payment of retirement allowances);

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

1. Selection of an alternative fine for punishment;

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

1. The dismissal part of the prosecution under Article 334 (1) of the Criminal Procedure Act

1. The gist of the facts charged is that the Defendant is the (main) I representative director in the fourth floor of the Gangnam-gu Seoul Metropolitan H building, who ordinarily employs 10 workers and operates an advertising system.

From January 10, 2014 to September 19, 2014, the Defendant has worked in the said State I.

A retired worker B's wages of 1,536,790 won in August 2014, and the wages of 925,670 won in September 2014, and the total amount of 2,462,460 won in September 201, and the said I shall work in the same dispute resolution agreement from September 1, 201 to September 30, 2014.

A retired worker C's wages of 2,220,690 won in September 2014, retirement allowance of 7,083,590 won in retirement allowance, and his/her labor in the above-mentioned dispute resolution committee from May 11, 201 to October 31, 2014.

The retirement allowance of retired workers D was not paid KRW 19,057,649 in total amount of KRW 7,290,909 within 14 days from the date of retirement without any agreement between the parties on the extension of the due date.

2. Determination is a crime falling under Article 44 subparagraph 1 of the Guarantee of Workers' Retirement Benefits Act or Article 109 (1) of the Labor Standards Act.

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