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(영문) 서울중앙지방법원 2014.12.24 2014고단6709
근로기준법위반등
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

The defendant is the representative of corporation C in Gangnam-gu Seoul and has run an advertising agency service business using ten full-time workers.

When a worker retires, the employer shall pay the wages, retirement allowances, and other money or valuables within fourteen days after the cause for such payment occurred.

Nevertheless, the Defendant is working in the above workplace from November 4, 201 to June 1, 2013.

A retired worker D’s total amount of wages, etc. of KRW 2,825,620 and retirement allowance of KRW 3,914,380, not paid without any agreement on extension of the due date for payment between the parties concerned, as shown in the separate criminal facts (attached Form 1), including the total amount of KRW 23,458,570, including five employees’ wages, and the criminal facts (attached Form 2), did not pay KRW 14,282,450 within 14 days from the time when the cause for payment occurred without any agreement on extension of the due date for payment between the parties concerned.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Application of the respective laws and regulations of D, E, F, G, H and I

1. Article 109 (1) and Article 36 of the Labor Standards Act, Article 44 subparagraph 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act, and Article 109 (1) and Article 36 of the same Act, the selection of each retirement allowance and each fine concerning facts constituting an offense;

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

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

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