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(영문) 서울중앙지방법원 2015.01.22 2013고단7798
근로기준법위반등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The defendant is a representative director of the D (owner) located in the third floor of Seoul Gangnam-gu Seoul Metropolitan Government, who employs 200 full-time workers and runs a construction business.

[2013 Highest 7798] After the Defendant served in the said workplace from May 23, 201 to May 31, 2013, the Defendant did not pay the total of 31,124,354 won, such as wages and retirement allowances, to the total nine workers, within 14 days from the date of retirement without any agreement on extension of the payment date between each party.

[2014 Highest 5200] Defendant is working for the pertinent company from December 7, 2011 to July 1, 2013.

On May 2013, 2013, wage of KRW 2,340,00 for retired F, and wage of KRW 2,795,00 for June 2013, and retirement allowance of KRW 3,827,950 for retirement allowance of KRW 8,962,950 for retirement allowance and KRW 91,203,99 for total wage and retirement allowance of 22 employees as shown in the attached list of crimes (2) of the attached list of crimes, were not paid within 14 days from the date of retirement without agreement between the parties on extension of the due date.

Summary of Evidence

[2013 Highest 7798]

1. Defendant's legal statement;

1. A petition and a written statement;

1. A written calculation of retirement allowances and details of settlement of accounts, detailed statement of pay, transaction statement of passbook, calculation details of annual leave allowances, calculation details of retirement allowances, register of retirement allowances, details of payment of retirement allowances, details of payment of unpaid pension benefits, details of personal wage [200];

1. Defendant's legal statement;

1. A petition and a written statement;

1. The application of Acts and subordinate statutes to the calculation details of retirement allowances, the detailed statement of wages, the details of arrears, the calculation details of annual leave substitutions, the statement of labor expenses and the statement

1. Article 109 (1), Article 36 of the Labor Standards Act (the fact that wages and retirement allowances are not paid within 14 days from the date of retirement), Article 44 subparagraph 1, and Article 9 of the Guarantee of Workers' Retirement Benefits Act (the fact that retirement allowances are not paid within 14 days from the date of retirement) concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. The amount of unpaid wages and retirement allowances stated in the annexed list of crimes subject to the selection of selective fines, and progress at public trial.

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