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(영문) 서울중앙지방법원 2015.07.16 2015고정1643
근로기준법위반등
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

The defendant is a user who employs four full-time workers in Gangnam-gu Seoul as the representative of C in Seoul, and operates a home server maintenance and repair business.

The Defendant, while working in the foregoing workplace from September 3, 2007, did not pay KRW 9,243,445 of retirement allowances of retired workers D on December 18, 2014, within 14 days from the date of his/her retirement, without any agreement on extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

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

1. Article 44 of the relevant Act on criminal facts and Article 44 of the Guarantee of Workers' Retirement Benefits Act and the Selection of fines;

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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