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(영문) 서울동부지방법원 2014.09.26 2014고정603
근로기준법위반등
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

The defendant is the representative of Seongdong-gu Seoul Metropolitan Government D Co., Ltd. located in the third and upper floors, who runs a manufacturing business with six full-time workers.

1. From November 29, 2009 to October 31, 2013, the Defendant did not pay KRW 3,900,000,000, total of the wage 2,700,000 paid in September 2013 to retired workers E, who worked at the said workplace and retired from the said workplace, within 14 days from the date of retirement without any agreement on the extension of the payment date between the parties.

2. The Defendant worked from November 29, 2009 to February 28, 2013, which was the first withdrawal date, and did not pay KRW 4,410,000 of retirement allowances of retired workers E within 14 days from the date of retirement without an agreement on extension of the payment date between the parties concerned.

Summary of Evidence

1. Court statement of the defendant (which is made on the sixth trial date);

1. Legal statement of witness E;

1. Statement of the police statement of E;

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

1. Relevant Article 109 (1) and Article 36 of the Labor Standards Act concerning criminal facts, Articles 109 (1) and 36 of the Act on the Selection of Punishment, Article 44 subparagraph 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act, and selection of fines;

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

1. Articles 70 and 69(2) of the former Criminal Act (amended by Act No. 12575, May 14, 2014).

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

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