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(영문) 서울중앙지방법원 2016.04.25 2015고정2890
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 a user who employs 15 full-time workers as the C representative director of the Gangnam-gu Seoul Metropolitan Government Co., Ltd., which is located in B5, and operates a business of studying abroad

(a) When a worker dies or retires, an employer violating the Labor Standards Act shall pay him/her wages, compensations, or other money or valuables within fourteen days after the cause for such payment occurred;

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

Nevertheless, the Defendant did not pay the total of KRW 10,122,968 from the date of retirement within 14 days from the date of retirement without any agreement between the parties on the extension of payment period, as shown in the list of crimes in attached Table to the two retired workers, including KRW 592,817, March 3, 2013, which was retired from the said place of business from the said place of business from March 7, 201 to June 11, 2013.

(b) When a worker dies or retires, the employer who violates the Act on Guarantee of Retirement Benefits of the worker shall pay the worker a retirement allowance within fourteen days after the cause for such payment occurred;

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

Nevertheless, the Defendant served from March 7, 2011 to June 11, 2013, and retired retirement allowances of KRW 5,488,912, as well as KRW 10,973,932, including KRW 5,488,912, which were retired, did not pay the total retirement allowances of KRW 10,973,932 within 14 days from the date of retirement without any agreement between the parties on the extension of the payment deadline.

Summary of Evidence

1. Statement by the defendant in court;

1. Details of confirmation of the fact, such as telephone, and a statement of calculation of retirement allowances (D);

1. Each document of E, D, and F;

1. Each police statement made with respect to E, D, and F;

1. Income tax collection receipts, average wages, and retirement allowance calculation statements (E);

1. Application of the Acts and subordinate statutes on transactions in a passbook, average wages and retirement allowance estimate, and the fixed amount of retirement allowance property (D.F);

1. Relevant provisions of the Act concerning facts constituting an offense;

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