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Reasons
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(영문) 서울북부지방법원 2014.12.23 2014고정2644
근로기준법위반등
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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, as a representative of C in Dongdaemun-gu Seoul Metropolitan Government, was running a salt business with three full-time workers. A.

When a worker retires, the employer shall pay him/her all money and valuables, such as wages, within 14 days from the date of retirement, unless otherwise agreed by the parties concerned about the extension of the due date

Nevertheless, the Defendant’s above workplace stated that the facts charged from April 17, 2012 to June 3, 2014 were served until March 3, 2014. However, according to evidence, the Defendant is a clerical error on June 3, 2014.

(b) The following:

The same shall also apply to paragraph (1).

employee shall be employed by such employee.

D's total amount of KRW 2,956,00 in April 2012 (underpaid) and the total amount of KRW 1,540,000 in June 2014 was not paid 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) An employer shall pay retirement allowances within 14 days from the date of retirement, unless otherwise agreed by the parties concerned about extension of the due date for payment.

Nevertheless, the Defendant is working as an employee from April 17, 2012 to June 3, 2014 at the above workplace.

The retirement allowance of 4,866,650 won was not paid within 14 days from the date of retirement, which is the date on which the cause for payment occurred, without any agreement between the parties to the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

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 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. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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