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(영문) 서울북부지방법원 2019.06.21 2019고정501
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 Seongbuk-gu Seoul building B and C in the fourth floor who runs the safety and health education business using three regular workers.

When a worker retires, the employer shall pay the wages, compensations, and other money, valuables, and retirement allowances within 14 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’s written indictment of KRW 1,201,610 and retirement allowances of KRW 3,108,866 on August 1, 2018 against D, who had been employed in the said workplace from May 1, 2017 to August 15, 2018 and retired from office, are stated in KRW 4,045,492, but it is apparent that it is a clerical error. Thus, the Defendant’s correction is recognized to the extent that it does not interfere with the Defendant’s exercise of right to defense.

not pay B within 14 days from the date of withdrawal without agreement on the extension of the due date between the parties.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each of the files and written statements in DNA Acts and subordinate statutes;

1. Article 109(1) and Article 36 of the Labor Standards Act related to criminal facts, Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (a point of 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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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