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(영문) 서울동부지방법원 2017.02.08 2016고정1889
근로기준법위반등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The defendant is a full-time representative director of Seongdong-gu Seoul Metropolitan Government Co., Ltd., who has operated group meal business with 80 full-time workers.

1. When a worker dies or retires, an employer in violation of the Labor Standards Act shall pay him/her wages, compensations, or other money or valuables within 14 days after the cause for such payment occurred;

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

Nevertheless, the Defendant, who retired from office from April 28, 2012 to November 30, 2015, did not pay KRW 12,200,160 in total, including KRW 3,478,790 in wages of 1,222,350 on October 2015, and KRW 2,256,440 on November 2015, and KRW 12,20,160 in wages of 3 retired workers within 14 days from the date on which the cause for payment occurred, as indicated in the list of crimes in the attached Table.

2. An employer who violates the Guarantee of Retirement Benefits for a worker shall pay a retirement allowance within 14 days after the ground for such payment occurred, in case where the worker retires.

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

Nevertheless, the Defendant did not pay KRW 22,853,862, including KRW 7,247,106 of retirement pay of E retired workers who were employed from May 21, 2008 to August 26, 2015, within 14 days from the date of retirement, which is the date of the occurrence of the relevant payment cause, without agreement between the parties on the extension of the payment date, as shown in the list of crimes in the attached Form.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of E, F, G, H, D, I, and J (including each accompanying document);

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

1. Article 109(1) and Article 36 of the Labor Standards Act (a point of payment of wages) of the relevant Act on criminal facts, and Article 44 Subparag. 1 and Article 9 of the Guarantee of Retirement Benefits for Workers (a point of payment of unpaid wages);

1. Trade name;

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