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Reasons
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(영문) 서울남부지방법원 2015.10.15 2015고정517
근로기준법위반등
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Defendant shall be punished by a fine of KRW 300,000.

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

Reasons

Punishment of the crime

The defendant is a user who runs a retail business of semiconductor parts by employing the representative of Guro-gu Seoul Metropolitan Government BDa-3410 and three full-time workers, and where a worker retires, he/she shall pay wages and retirement allowances within 14 days from the time when the grounds for such payment occurred.

1. The Defendant, while working in the foregoing workplace from October 25, 2013 to June 7, 2014, did not pay the amount of KRW 180,000,000,000,000 for D wages of April 4, 2014, 5. Sector 1.2.80,000,000,000 for D wages of KRW 1.880,000,000 for retirement from the date of retirement without agreement between the parties to the extension of the payment deadline.

2. The Defendant, while working in the foregoing workplace from February 17, 201 to October 31, 2013, did not pay KRW 1,329,220 of the retirement allowance balance of E, which was retired, to the lapse of 14 days from the date of retirement without agreement between the parties to the extension of the payment deadline.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement prepared D and E;

1. Application of the confirmation details of telephone and other Acts and subordinate statutes;

1. Article 109(1) and Article 36 of the Labor Standards Act related to the facts constituting an offense, and Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (with regard to the payment of retirement allowances, selection of each fine);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. A fine of KRW 300,000 (the prosecutor filed a petition for a summary order of KRW 1,50,086,670,000,000,000,000 for the first four employees, on the ground that the amount of wages and retirement allowances paid to the first four employees was unpaid, and thereafter, the employee F and G notified “decision of rejection of prosecution” as to this part, and the remaining amount payable is KRW 3,209,220,00,000,000. In addition to reflecting such circumstances, a fine of KRW 30,00,000,000,000,00

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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