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Reasons
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(영문) 서울중앙지방법원 2014.08.08 2013고정5976
근로기준법위반등
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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 actual operator of D Co., Ltd. 203 in Gangnam-gu Seoul Metropolitan Government, who operates a multimedia service business by using one full-time employee.

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

Nevertheless, the Defendant had worked from March 2, 201 to January 31, 2013 at the said workplace and retired from the said workplace, and had not paid KRW 11,860,520 in total, such as wages, within 14 days from the date of retirement without an agreement between the parties on the extension of the due date for payment, as well as KRW 366,830 in the list of crimes in the attached Table of Crimes ( September 2, 2012, January 2013, January 201, January 201, and year-end settlement refund (201, January 201).

2. When a worker retires, the employer shall pay the retirement allowance within fourteen days after the cause for such payment occurred; and

Nevertheless, the Defendant worked from March 2, 2011 to January 31, 2013 at the above workplace, and did not pay 3,399,750 won of retirement pay of E retired from the said workplace within 14 days from the date of retirement without any conformity with the extension of the due date.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. A withholding receipt for employment income in 2011 and a withholding receipt for employment income in 2012;

1. Application of Acts and subordinate statutes on the payment and payment of E wages;

1. Article 109 (1) and Article 36 of the Labor Standards Act applicable to criminal facts, Articles 44 subparagraph 1 and 9 of the Guarantee of Workers' Retirement Benefits Act (a point where retirement allowances are unpaid);

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

1. Selection of an alternative fine for punishment;

1. Determination as to the defendant's assertion under Articles 70 and 69 (2) of the Criminal Act for the confinement of a workhouse

1. The Defendant suffered damages rather than due to absence from office without permission, illegal breach of trust, etc.

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