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Reasons
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(영문) 서울북부지방법원 2014.02.18 2013고정2892
근로기준법위반등
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Defendant shall be punished by a fine of KRW 500,000.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a user who runs wholesale and retail business (agricultural and fishery products) using 60 full-time workers as a representative in the Hanam City B.

1. Where an employer dies or retires, the employer shall pay wages, compensations, and all other money and valuables within 14 days from the date on which the cause for such payment occurred, but the Defendant is working as the selling member from April 1, 2012 to May 12, 2013 in Gangnam-gu Seoul Metropolitan Government, Gangnam-gu.

The retired FF does not pay 1.1 million won of wages in April 2013, and 425,800 won of wages in May 2013, as well as 1,525,800 won of wages in 2013, within 14 days from the date of retirement, which is the date of the occurrence of the cause for the payment, without agreement between the Parties on the extension of the payment

2. If an employer retires, the employer shall pay the retirement allowance within 14 days after the cause for such payment occurred, but the Defendant is working as above.

The retired FF did not pay 1,180,250 won of retirement pay within 14 days from the date of retirement without any agreement between the parties on the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A written petition;

1. Application of Acts and subordinate statutes to the calculation of overdue money, valuables and retirement allowances, and copies of benefit passbooks;

1. Article 109(1) and Article 36 of the Labor Standards Act regarding criminal facts, Articles 44 Subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act, and selection of fines, respectively;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Articles 70 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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