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(영문) 서울중앙지방법원 2015.02.11 2014고정5419
근로기준법위반등
Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is the representative of the Dispute Resolution Co., Ltd. in the first floor of the building B in Jung-gu, Seoul, and is an employer who operates a service business by using 15 full-time workers.

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

Provided, That the date may be extended by mutual agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant is working from May 20, 2012 to July 31, 2014 at the place of business of the said company.

A retired worker D’s wages of KRW 1,947,280 in June 2014, and KRW 2,276,559 in July 2014, and KRW 5,993,50 in total, 1,769,664 in other money and valuables, and KRW 5,93,503 (after rent) in July 2014, and did not pay KRW 14,627,923 (after rent) within 14 days from the date of retirement without agreement between the parties on the extension of the due date, as stated in the attached list of crimes.

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

Provided, That the date of payment may be extended by an agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant is working from May 20, 2012 to July 31, 2014 at the above workplace.

The retirement allowance of retired workers D was not paid KRW 5,763,943 (after rent), and the total amount of KRW 10,914,264 (after rent) was not paid within 14 days from the date of retirement without agreement between the parties on the extension of the due date, as shown in the separate list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement of D, E, and F;

1. Application of Acts and subordinate statutes to the ordinary contribution ledger and a retirement allowance calculation statement;

1. Articles 109(1) and 36 of the Labor Standards Act concerning facts constituting an offense

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