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(영문) 서울북부지방법원 2017.06.14 2017고정128
근로자퇴직급여보장법위반등
Text

Defendant shall be punished by a fine of KRW 700,000.

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 the representative director of Seongdong-gu Seoul Metropolitan Government D, a corporation with three floors, who is engaged in the entrusted education and training service business using seven full-time workers.

When an employee retires, the employer shall pay him/her wages within fourteen days after the cause for such payment occurred.

The Defendant was employed by the above company and worked at F elementary schools located in Dobong-gu Seoul Metropolitan Government E from September 7, 2015 to February 29, 2016, and retired workers G were paid KRW 1,800,000 for January 2016, and paid KRW 1,800,000 for February 6, 2016 and February 29, 2016, respectively, within 14 days from the date of each retirement, which is the date of payment without agreement between the parties on the extension of payment period.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to G and H;

1. Application of each relevant statute;

1. Article 109 (1) and the main sentence of Article 36 of the Labor Standards Act concerning facts constituting an offense;

1. Selection of an alternative fine for punishment;

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

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

1. The part dismissing a public prosecution under Article 334(1) of the Criminal Procedure Act against the order of provisional payment

1. If an employer of this part of the facts charged retires, the employer shall pay the wages and retirement allowances within 14 days after the ground for such payment occurred;

Defendant Company was employed by the foregoing Company and worked at the above F Elementary School from March 2, 2012 to February 29, 2016, and was retired from the said Elementary School, and did not pay 2,450,000 won for December 2, 2015, wages of 2,450,000 won for January 2, 2016, and wages of 2,450,000 won for February 2, 2016 and retirement allowances of 2,423,070 won for retirement allowances and 7,350,000 won for February 2, 2016, within 14 days from each retirement date on which the grounds for payment occurred without any agreement between the parties on the extension of the payment date.

2. Judgment dismissing public prosecution;

A. The crime of non-compliance with will: Article 109 of the Labor Standards Act.

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