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(영문) 서울중앙지방법원 2014.10.24 2014고정3545
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 user who is a representative director of C (main) in the second floor of Gangnam-gu Seoul Metropolitan Government B building and operates marriage information business using 40 full-time workers.

1. When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within fourteen days after the cause for such payment occurred;

Nevertheless, the Defendant, at the foregoing workplace from September 24, 2012 to October 31, 2013, worked in the workplace and retired from the workplace, did not pay 18,251,861 won, including the total of 2,478,38,388 won in August 2013, and the total of 2,204,727 won in September 2013, and 7,050,298 won in October 2, 2013, as described in the attached Form, and did not pay 18,251,861 won in total for three retired workers within 14 days from the date of retirement of each employee, without an agreement between the parties to the extension of the due date.

2. When a worker retires, the employer shall pay the retirement allowance within fourteen days after the cause for such payment occurred; and

Nevertheless, the Defendant, at the foregoing place of business, worked from September 24, 2012 to October 31, 2013 and did not pay KRW 2,513,050 in total for two retired workers as stated in the attached Table, as well as KRW 5,251,120 in total, within 14 days from the date of retirement of each employee, as stated in the attached Table.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police made to D, E, and F;

1. Application of Acts and subordinate statutes to a statement of calculation of retirement allowances (13, 14 pages of investigation records);

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 each of the ordinary concurrences (worker D and F violation of the Labor Standards Act and violation of the Guarantee of Workers' Retirement Benefits Act, respectively);

1. Selection of each alternative fine for punishment;

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

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