logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2017.12.20 2017고정1155
근로기준법위반등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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 the actual operator of the Geumcheon-gu Seoul Metropolitan Government F2-1101, who has operated the wholesale and retail business by using seven full-time workers.

1. When a worker dies or retires, an employer in violation of the Labor Standards Act shall pay him/her wages, compensations, or other money or valuables within 14 days after the cause for such payment occurred;

The Defendant did not pay the total amount of KRW 8,267,366 to D who retired from the said workplace from January 13, 2014 to August 31, 2015, and did not pay KRW 16,075,366, respectively, within 14 days from the date of retirement, for the following reasons: (a) the Defendant worked in the said workplace from October 21, 2015 to July 11, 2016 and did not pay the total of KRW 7,808,00 for E who retired from the said workplace; and (b) the Defendant did not pay KRW 16,075,366, respectively, within 14 days from the date of retirement without any agreement on the extension of the payment date between the parties.

2. An employer who violates the Guarantee of Retirement Benefits of a worker shall pay a retirement allowance within fourteen days after the ground for such payment occurred, in case where the worker retires; and

The Defendant did not pay the retirement allowances of KRW 5,324,597 to D who retired from the said workplace from January 13, 2014 to August 31, 2015, and did not pay KRW 7,324,597, respectively, within 14 days from the date of retirement without an agreement on the extension of the payment date between the parties to the contract, for the retirement allowances of KRW 2,00,000 to F who retired from the said workplace from July 2, 2012 to December 19, 2014.

Summary of Evidence

1. A protocol concerning the interrogation of each police suspect against the accused;

1. Application of the respective Acts and subordinate statutes to the E, D, and F statements;

1. Article 109(1) and Article 36 of the Labor Standards Act (a point of payment of wages) of the relevant Act on criminal facts, and Article 44 Subparag. 1 and Article 9 of the Guarantee of Retirement Benefits for Workers (a point of payment of unpaid wages);

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

1. Selection of penalty:

arrow