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(영문) 서울남부지방법원 2015.11.11 2015고정1881
근로기준법위반등
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

The defendant is the representative of Guro-gu Seoul Metropolitan Government and 301, who has employed four regular workers and has operated a waste recycling business. A.

When a worker dies or retires, the employer violating the Labor Standards Act shall pay the wages, compensations, and other money and valuables within 14 days after the cause for such payment occurred.

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

Nevertheless, the Defendant is working from January 1, 2013 to September 30, 2014 at the above workplace.

D's 2017,700 won and 520,060 won and total 937,760 won were not paid until 14 days from the date of retirement without agreement between the parties to the extension of the due date for payment.

(b) An employer violating the Guarantee of Workers' Retirement Benefits Act shall, in case where a worker retires, pay the retirement allowance within fourteen days after the cause for such payment occurred; and

Provided, That the date of payment may be extended by mutual agreement between the parties if special circumstances exist.

Nevertheless, the Defendant is working from January 1, 2013 to September 30, 2014 at the above workplace.

The retirement allowance of 4,787,840 won was not paid until 14 days from the date of retirement without agreement between the parties on the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. A petition and a fact-finding certificate;

1. Application of the retirement allowance calculation statement and the receipt for tax withholding on employment income;

1. Article 109(1) and Article 36 of the Labor Standards Act related to criminal facts, 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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