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Reasons
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(영문) 서울남부지방법원 2020.06.15 2019고정1395
근로기준법위반등
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Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

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;

Provided, That in special circumstances, the date may be extended by mutual agreement between the parties.

Nevertheless, the Defendant had worked from January 2, 2018 to January 29, 2019 at the above workplace and had not paid KRW 935,200,00 from the date of retirement within 14 days from the date of retirement without agreement between the parties on 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

Provided, That in special circumstances, the date may be extended by mutual agreement between the parties.

Nevertheless, the defendant at the above workplace 2018

1. 2. From February to January 29, 2019, 695,474, and 32,59,821, and 33,25,295, respectively, were employed from May 2, 201 to February 28, 2019 and retired from C’s retirement pay of 32,55,295, respectively, were not paid within 14 days from the date of each retirement without any agreement between the parties on the extension of payment period.

Summary of Evidence

Some statements concerning the defendant during the police interrogation protocol

1. Statement of each police statement regarding C;

1. Written complaints in C and B;

1. Records of each employment contract and each payment record of each salary;

1. Application of Acts and subordinate statutes to investigation reports (C telephone conversations);

1. Article 109(1), Article 36 of the Labor Standards Act (the point of payment of unpaid wages to B), Article 44 Subparag. 1, and Article 9 of the Guarantee of Workers' Retirement Benefits Act (the point of payment of unpaid retirement pay) concerning criminal facts;

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

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. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 of the Criminal Procedure Act provides for an order of provisional payment.

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