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(영문) 서울중앙지방법원 2018.06.20 2018고단830
근로기준법위반등
Text

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

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 actual operator of the “C” in the second floor of Jongno-gu Seoul Metropolitan Government building B, who employs 12 full-time workers and operates a wholesale and retail business for book sale.

1. When a worker dies or retires, an employer in violation of the Labor Standards Act shall pay him/her wages, compensations, and all other money or valuables within fourteen days after the cause for such payment occurred;

Nevertheless, the Defendant did not pay the total amount of KRW 5,624,540 of the wages of three retired workers within 14 days from each retirement day on which the cause for the payment occurred, without an agreement on the extension of the payment period between the parties, as shown in the list of crimes in the attached Table, as well as KRW 653,290 in June 2007, and KRW 5,624,540 in September 1, 2007, and KRW 653,290 in August 2007, and KRW 5,624,540 in September 207.

2. An employer who violates the Guarantee of Retirement Benefits of a worker shall pay a retirement allowance within fourteen days after the ground for such payment occurred, in case where the worker retires; and

Nevertheless, the Defendant, from June 9, 2003 to October 31, 2007, did not pay 13,287,603, total retirement allowances of three retired workers, including 450,866 won of retirement allowances of retired workers D from the said workplace, within 14 days from each retirement day on which the cause of the occurrence of the payment occurred, without any agreement on the extension of the payment period between the parties concerned, as shown in the list of crimes in the attached Table.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspects of E;

1. Statement made by the police complainants against F;

1. Application of Acts and subordinate statutes to the calculation of average wages and retirement allowances, regulations on the payment of business leave allowances, data related to business leave allowances, and the ledger of benefits;

1. Article 109(1) and Article 36 of the Labor Standards Act for Criminal Facts (the fact that each wage is unpaid), Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (the fact that each retirement pay is unpaid).

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