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(영문) 서울서부지방법원 2016.11.18 2015고단2976
근로기준법위반등
Text

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

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

Reasons

Punishment of the crime

The defendant is a representative director of the Mapo-gu Seoul Metropolitan Ro Building Co., Ltd. who employs 20 full-time workers and operates software development business.

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;

The defendant shall work at the place of business from March 17, 201 to January 30, 2015 at the Dispute Resolution Bank.

On January 1, 2015, wages of two workers, such as T and U, have not been paid within 14 days from the date of retirement without any agreement on extension of the due date between the parties concerned, as well as the wages of 3,212,350 won for retired T.

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

The defendant works at the date, time, and place specified in paragraph (1).

Even after retirement allowance of KRW 10,731,412 to retired T, the retirement allowance was not paid within 14 days without justifiable grounds, and even though two workers retire, such as T and U parts in the attached Form, the retirement allowance was not paid within 14 days without justifiable grounds.

Summary of Evidence

1. Application of Acts and subordinate statutes to the defendant's legal statement 1.T, U's written appeal and written statements;

1. Relevant legal provisions and Articles 109(1) and 36 of the Labor Standards Act concerning facts constituting an offense, and Articles 109(1) and 36 of the same Act, Article 44 Subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act, and selection of fines, respectively;

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 to attract a workhouse;

1. The dismissal part of the prosecution under Article 334 (1) of the Criminal Procedure Act

1. The summary of the facts charged is that the defendant is the representative director of the Mapo-gu Seoul Metropolitan Government R building in the sixth floor.

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