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(영문) 서울중앙지방법원 2016.09.07 2016고정1345
근로기준법위반등
Text

Defendant shall be punished by a fine of KRW 2,500,000.

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

Reasons

Punishment of the crime

The defendant is the representative of (g) Seoul Jung-gu and 1st floor, who is a user who runs a printing business using ten regular workers.

1. When a worker dies or retires, the employer in violation of the Labor Standards Act shall pay the wages, compensations, and all other money and valuables within fourteen days after the cause for such payment occurred, unless there exists an agreement between the parties on the extension of the due date;

Nevertheless, the Defendant is working from July 1, 2014 to November 10, 2015 at the above workplace.

The retirement D's wage of 50,000 won in November 2015, including the wage of 500,000 won, did not pay 14,030,000 won in total to four workers within 14 days from each retirement day without any agreement on extension of the due date between the parties.

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, unless there exists an agreement between the parties on the extension of the due date.

Nevertheless, the defendant is working from July 1, 2014 to November 10, 2015 at the above workplace.

The retirement allowance of 2,009,260 won, including the retirement allowance of 2,09,260 won, did not pay 7,995,760 won in total for three employees within 14 days from the date of each retirement without any agreement between the parties on the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of police statement concerning E and F;

1. Each written statement concerning D and G;

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

1. Articles 109(1) and 36 of the Labor Standards Act applicable to criminal facts, and Article 44 Subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act (a point of payment of retirement allowances); and

1. Articles 40 and 50 of the Criminal Act for the ordinary concurrences;

1. Selection of each alternative fine for punishment;

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

1. Detention at a workhouse;

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