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(영문) 서울중앙지방법원 2014.05.30 2014고정435
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 representative director of the Gangnam-gu Seoul Metropolitan Government Dispute Resolution Co., Ltd., which is 2607, and is an employer who engages in reconstruction and redevelopment consulting business by using five regular workers.

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

Nevertheless, the Defendant worked in the foregoing workplace from August 1, 2008 to June 11, 2013, and did not pay KRW 1,120,000 in January 201, 2013 to retired workers D, and KRW 2,120,00 in February 2013, and KRW 2,120,120,00 in April 20, 2013, and KRW 2,120,00 in May 20, 2013, and KRW 8,186,666 in June 20 to June 11, 2013, within 14 days from the date of retirement 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, while working in the said workplace from August 1, 2008 to June 11, 2013, did not pay KRW 3,877,576 to retired workers D within 14 days from the date of retirement without any agreement between the parties on the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of E and D;

1. Application of Acts and subordinate statutes of the retirement allowance calculation statement to D;

1. Article 109 (1) and Article 36 of the Labor Standards Act concerning facts constituting an offense, and Article 44 subparagraph 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (a point of payment of unpaid 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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