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Reasons
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(영문) 서울동부지방법원 2015.08.28 2015고정379
근로기준법위반등
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A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

The defendant is the representative of the D Art Teaching School located in Songpa-gu Seoul Metropolitan Government and the first floor, who is an employer who operates a art teaching school with two regular workers.

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

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

Nevertheless, the Defendant did not pay KRW 1,122,789, which was worked from October 11, 2010 to November 10, 2014 at the above workplace, within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without an agreement between the parties on the extension of the due date.

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

Provided, That if there are special circumstances, the amount of expenses may be extended according to the agreement between the parties.

Nevertheless, the Defendant did not pay retirement allowances of KRW 4,857,958 to the above workers E within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without agreement between the parties to the extension of payment.

Summary of Evidence

1. Court statement of the defendant (the second court date);

1. Statement to E by the police;

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

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

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

1. Selection of an alternative fine for punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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