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(영문) 서울북부지방법원 2016.07.07 2014고정2208
근로자퇴직급여보장법위반등
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On January 29, 2016, the Defendant was sentenced to a suspended sentence of two years for fraud at the Seoul Northern District Court on October, 2016, and the judgment became final and conclusive on February 6, 2016.

The defendant is the representative of the Seoul Jung-gu D Building No. 405, who is a user who operates a building management service by using six full-time workers.

1. Where an employer dies or retires, the employer shall pay wages, compensations, and all other money and valuables within 14 days from the date on which the cause for such payment occurred, but the Defendant did not pay the total of 13,021,800 wages of 5,021,00 won to 5,102,720 won, as shown in the attached table, including the total sum of 5,102,720 won to 5,00 won from the said workplace from September 26, 201 to January 26, 2014, respectively, within 14 days from the date of retirement without agreement between the parties on the extension of the payment date.

2. Where an employee retires, the employer has not paid the retirement allowance within 14 days from the date of occurrence of the cause for the payment thereof; however, the Defendant did not pay the total of KRW 12,034,590 of the three retirement allowances to the employees, as shown in the attached list, including KRW 3,204,40, which served from September 26, 201 to January 26, 2014 at the above workplace, within 14 days from the date of occurrence of the cause for payment, without any agreement on extension of the payment deadline between the parties.

Summary of Evidence

1. Statement of the defendant in the second public trial records;

1. Each police statement made to F, G, H, I, and J;

1. Each petition of F, G, H, I, and J;

1. Application of Acts and subordinate statutes to a written confirmation of delayed payment of wages, retirement allowance calculation statement, each labor contract, data on inquiry of details of transactions, copies of bankbooks, duty statements by field, duty statements by work site, each duty statement, transaction statement by account period, each transaction statement, each average wage and retirement allowance calculation statement, each statement of payment of wages, and detailed statement of payment of daily labor

1. Articles 109(1) and 36 of the Labor Standards Act for facts constituting an offense, and Article 44 subparag. 1 of the Act on the Guarantee of Retirement of Workers.

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