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(영문) 서울중앙지방법원 2014.12.11 2014고정2724
근로기준법위반등
Text

Defendant shall be punished by a fine of 2.5 million won.

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

Reasons

Punishment of the crime

The defendant is the actual representative of the Jung-gu Seoul Metropolitan Government Dispute Resolution C and D, and is a user who runs a printing business using ten full-time workers.

1. When a worker dies or retires, the employer shall pay the wages, compensations, and all other money and valuables within 14 days after the cause for such payment occurred, unless there exists an agreement between the parties on the extension of the due date;

Nevertheless, the Defendant worked in the above workplace from March 1, 2010 to April 5, 2013 and did not pay 4 million won in total, including 2.6 million won in February 2013 and 1.4 million won in March 2013, and did not pay 12,864,051 won in total for 4 workers as shown in the attached crime list (except for the worker F No. 4 per year) as shown in the attached crime list (except for the worker F No. 4), within 14 days from the date on which the cause for the payment occurred, without any agreement between the parties on the extension of the due date.

2. An employer shall pay retirement allowances within 14 days from the date when any cause for such payment occurred, unless otherwise agreed by the parties to the extension of the due date.

Nevertheless, the Defendant, at the above workplace from March 1, 2010 to April 5, 2013, did not pay KRW 7,430,244 of retirement pay to retired workers E while working in the above workplace, and did not pay KRW 11,297,724 in total, as shown in the list of crimes (excluding F of workers No. 4 a. 4 a year), within 14 days from each retirement date on which the cause for the payment occurred, without any agreement on the extension of the due date between the parties.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Each authenticity of G, H, I, and E;

1. To apply Acts and subordinate statutes to detailed statements on arrears, average wages and retirement allowances for individuals, detailed statements on each salary, copies of each benefit passbook, and written calculation of retirement allowances;

1. Each relevant provision of the Labor Standards Act concerning criminal facts;

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