logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2020.01.15 2019고정1420
근로기준법위반등
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

The defendant is the actual manager of Guro-gu Seoul Metropolitan Government (ju) D located in B and underground C, and is a user who runs food entertainment business using ten full-time workers.

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

However, if there are special circumstances, the date may be extended by agreement between the parties.

Nevertheless, the defendant works in the above workplace from May 12, 2014 to March 7, 2019.

E-Retirement 1,300,000 won of January 1, 2019;

2. A total of KRW 1,368,087 was not paid KRW 2,668,087 within 14 days from the date of retirement without an agreement between the parties on extension of the due date.

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

Provided, That the date of payment may be extended according to an agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant, while working in the foregoing workplace from May 12, 2014 to March 7, 2019, did not pay the retirement allowance of KRW 11,797,619, which was retired, within 14 days from the date of retirement without any agreement between the parties on the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statement to E;

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

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

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

1. The amount of fine for the summary order on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act shall be the reasons why the defendant asserts, and the reasons why E retires.

arrow