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Reasons
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(영문) 서울동부지방법원 2015.09.18 2015고정571
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

The defendant is the representative of the Songpa-gu Seoul Metropolitan Government 3rd level of "Dental Institute" and is an employer who conducts educational service business using two full-time workers.

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

Provided, That the date may be extended by an agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant did not pay the said amount of KRW 1,305,00 for November 9, 2013 to E who worked in the said workplace from July 9, 2012 to May 30, 2014, KRW 2,417,50 for December 12, 2014, KRW 2,500 for February 2,500 for February 2, 2014, KRW 2,500 for March 2,50,00 for April 2,50 for April 3, 200, KRW 1,843,55,830 for May 1, 201, within 14 days from the date of retirement without an agreement between the parties.

(b) An employer shall pay a retirement allowance within fourteen days after the cause for such payment occurs, in cases where the worker retires.

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

Nevertheless, the Defendant did not pay retirement allowances of KRW 4,405,00 within 14 days from the date of retirement to E who worked from July 9, 2012 to May 30, 2014 at the above workplace without any agreement between the parties on the extension of the due date.

Summary of Evidence

1. Court statement of the defendant (the second court date);

1. E’s petition and fact-finding certificate;

1. A copy of the benefit passbook;

1. Application of Acts and subordinate statutes to the calculation of average wages and retirement allowances;

1. Article 109(1) and Article 36 of the Labor Standards Act applicable to criminal facts, and Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (a point of payment of retirement allowances);

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

1. Selection of an alternative fine for punishment;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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