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(영문) 서울서부지방법원 2019.01.18 2018고단1432
근로기준법위반등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is the user as the representative director of (juH) in Yongsan-gu Seoul Metropolitan Government.

When a worker dies or retires, the employer shall pay the wages, compensations, retirement allowances, and other money and valuables within 14 days after the cause for such payment occurred, unless otherwise agreed by the parties concerned with an extension of the due date for payment.

Nevertheless, the Defendant did not pay KRW 35,483,870, total amount of KRW 39,31,147, and KRW 39,31,147, within 14 days from the date of retirement, even though there is no agreement between the parties on the extension of the payment date, although the Defendant did not agree on the extension of the payment date.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of I;

1. Application of Acts and subordinate statutes to a written retirement allowance calculation and written confirmation of delayed payment of wages;

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. Normal circumstances favorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order: The amount of the money and valuables in arrear is not small, and the amount of the money and valuables in arrear is not small and other circumstances, such as the defendant's age, character and conduct, environment, motive and background of the crime, means and consequence of the crime, etc., a part of dismissing the prosecution to be dismissed, taking into account the circumstances after the

1. Summary of this part of the facts charged

(a) An employer violating the Labor Standards Act shall, if a worker dies or retires, pay the worker wages, compensations, and all other money and valuables within 14 days after the cause for such payment occurred, unless the parties have agreed on the extension of the due date;

From July 1, 2012 to June 30, 2017, the Defendant, as well as KRW 10,250,000,00, of workers B, who worked in the said State-H, as well as KRW 10,250.

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