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(영문) 서울중앙지방법원 2015.09.15 2015고정2081
근로기준법위반등
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is the representative director of the Gangnam-gu Seoul Metropolitan Government Dispute Resolution Co., Ltd., who is a full-time worker and operates the Otoba maintenance business.

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

Provided, That in special circumstances, the date may be extended by mutual agreement between the parties.

Nevertheless, the Defendant worked in the foregoing workplace from May 2, 2013 to December 8, 2014, and worked in the workplace from December 2014, 201 in December 72, 2014, from September 1, 2011 to October 4, 2014, and was retired workers E, and did not pay KRW 961,280,00,00 in total, within 14 days from each retirement date without an agreement between the parties to the extension of the payment date.

(b) An employer who violates the Guarantee of Workers' Retirement Benefits Act shall, in case where a worker retires, pay the retirement allowance within fourteen days after the cause for such payment occurred; and

Provided, That in special circumstances, the date may be extended by an agreement between the parties.

Nevertheless, the Defendant is working from May 2, 2013 to December 8, 2014 at the above workplace.

A retired worker D's retirement pay of KRW 3,840,40,400, and from September 1, 201 to October 4, 2014, had not paid KRW 7,483,455, respectively, within 14 days from the date of each retirement without an agreement between the parties to the extension of the due date for payment.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of police appeals against E and D;

1. Application of the respective Acts and subordinate statutes of E and D;

1. Articles 109(1) and 36 of the Labor Standards Act concerning criminal facts (the fact that money and other valuables are not performed) and Article 44 subparag. 1 of the Guarantee of Workers' Retirement Benefits Act.

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