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(영문) 서울북부지방법원 2017.05.25 2016고정2451
근로기준법위반등
Text

Defendant shall be punished by a fine of KRW 400,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The Defendant is a user who conducts the clothing manufacturing business using eight full-time workers under the trade name of Seongbuk-gu Seoul Metropolitan Government “E”.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred, and where the worker retires, the employer shall pay the worker a retirement allowance within 14 days after the cause for such payment occurred.

Nevertheless, the Defendant did not pay the F’s wages of KRW 2,00,000 and retirement allowances of KRW 4,484,668 within 14 days from the date of his/her retirement, which were employed by the said workplace from March 26, 2013 to April 1, 2016.

Accordingly, the Defendant did not pay wages within the same period at the same time when he/she retired.

Summary of Evidence

1. Partial statement of the witness F;

1. The statement to the effect that F paid the full amount of wages for the month when F did not provide labor during which the police suspect interrogation protocol (as of June 22, 2016) regarding the defendant, one of the reasons is to immediately employ the defendant when he was sexually sexually sexually sexually sexually, and that it cannot be viewed as withdrawal even during which he did not provide labor.

1. The details of passbook transactions [In light of the evidence in its holding, F received fixed benefits of KRW 1.5 million per month regardless of the actual number of working days, and it seems that there was no interruption of labor relationship as claimed by the Defendant]

Application of Statutes

1. Articles 109(1) and 36 of the Labor Standards Act for the relevant Act on criminal facts, and subparagraphs 1 and 9 of Article 44 of the Guarantee of Workers' Retirement Benefits Act (which shall not be paid for retirement);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The portion not guilty of Article 334(1) of the Criminal Procedure Act, which is the order of provisional payment;

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