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(영문) 서울중앙지방법원 2015.01.15 2014고단9027
근로기준법위반등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The defendant is a representative director of Gangnam-gu Seoul Metropolitan Government 2nd floor C (ju) in Seoul, who runs a construction business by employing ten full-time workers.

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

Nevertheless, the Defendant is working in the above workplace from June 7, 199 to August 31, 2012.

D's wages of 3,379,430 won in October 201, 3,379,430 won in November, 11, 3,379,430 won in December, 3,379,379,430 won in December, 201, and 13,700,000 won in year-end year-end settlement, and retirement allowance of 41,872,520 won in January 201, including 3,379,430 won in January, 201, and 182,280 won in January 201.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

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

1. Article 109(1) and Article 36 of the Labor Standards Act concerning criminal facts; Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act;

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

1. Optional fine;

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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