logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2015.10.16 2015고정1428
근로기준법위반등
Text

Defendant shall be punished by a fine of KRW 300,000.

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 representative director of Guro-gu Seoul Metropolitan Government C, and 1302, who runs software development business with 30 full-time workers.

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

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

The Defendant is working in the foregoing workplace from October 21, 2013 to November 14, 2014.

8,210 won of wages of retired workers D in November 2014 was not paid until 14 days from the date of retirement without an agreement between the parties on the extension of the due date.

(2) An employer who violates the Act on the Guarantee of Workers' Retirement Benefits shall pay retirement allowances within 14 days from the date on which the cause for such payment occurred when the employee retires.

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

The Defendant is working in the foregoing workplace from October 21, 2013 to November 14, 2014.

2,085,130 won of retirement allowances of retired workers D was not paid until 14 days from the date of retirement without any agreement between the parties on the extension of the due date.

(A) Of the facts charged in the instant case, the part concerning E was dismissed as the prosecution was revoked. The summary of the evidence

1. Defendant's legal statement;

1. Statement of a labor inspector prepared in relation to D;

1. Written petition of D;

1. Application of Acts and subordinate statutes to a report on the acquisition of documentary evidence (the details of passbook transactions, and a copy of a detailed statement of salary for October 2014);

1. The payment of retirement allowances under Articles 109(1) and 36 of the Labor Standards Act for criminal facts, and Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act is unpaid.

arrow