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(영문) 서울중앙지방법원 2014.07.10 2014고정1604
근로기준법위반등
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is the actual manager of the Co., Ltd. in Dongjak-gu Seoul Metropolitan Government, B and C, who ordinarily employs 30 workers and operates a coffee specialty store.

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, at the same place of business, worked as an employee from April 16, 2012 to December 31, 2013, and did not pay 70,000 won in November 2013, 200 of the D retirement workers, as shown in the attached crime list, and did not pay 13,989,888 won in total for five retired workers within 14 days from each retirement date on which the cause for the payment occurred, without an agreement between the parties on the extension of the due date.

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, at the above workplace, worked as an employee from April 16, 2012 to December 31, 2013, did not pay KRW 3,350,200 of the D retirement pay, and did not pay KRW 13,195,220 of the retirement pay for four retired workers, as shown in the list of crimes in the attached Table, within 14 days from each retirement date, which is the date on which the cause for the payment occurred, without any agreement between the parties on the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. A written inquiry about the details of insurance coverage for each employment, a statement on the monthly salary system, each receipt of retirement allowances for each dismissed person, each statement on the calculation of average wages and retirement allowances, each passbook transaction, details of transfer of wages, and details of transactions of wages;

1. Application of the respective laws and regulations of D, E, F, G, and H

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.

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