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(영문) 서울동부지방법원 2016.10.05 2016고정998
근로기준법위반등
Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

The defendant is a representative director of Songpa-gu Seoul Metropolitan Government B apartment and C Co., Ltd., who runs a construction business with two regular workers.

When a worker retires, the employer shall pay the wages and retirement allowances within 14 days from the date when the cause for such payment occurred, unless the date is extended by an agreement between the parties concerned, in special circumstances.

Nevertheless, the Defendant, who retired from Busan Shipping Daegu D-1704 to July 1, 2013, did not pay 3,500,000 wages, 1,500,000 won for October 1, 2012, retirement allowances, 3,262,380 won for retirement allowances, and 2,80,000 won for retired workers on September 1, 2013, and 3,00,000,000,000,000 retirement allowances, 2,80,000,000 for retirement allowances, 2,938,800 won for retirement allowances, 6,501,80 won for retirement allowances, 6,501, and 180 won for retirement from September 1, 2013 to August 1, 2013, without agreement between the parties concerned.

Summary of Evidence

1. Partial statement of the defendant;

1. The statement of each police officer made to F and G;

1. E’s written petition;

1. Application of Acts and subordinate statutes to the details of delayed payment of wages, average wages and retirement allowances;

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

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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