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(영문) 서울동부지방법원 2020.05.14 2019고단3688
근로기준법위반등
Text

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

When a worker dies or retires, the employer shall pay the wages, compensations, retirement allowances, and all other money and valuables within fourteen 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 worked in the above workplace from January 1, 2007 to December 10, 2015, and did not pay 6,132,842 won of retirement pay to retired workers I 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 on the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the I’s written statement or written petition;

1. Article 44 subparagraph 1 of the Guarantee of Workers' Retirement Benefits Act and Article 9 of the same Act concerning criminal facts;

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

1. The dismissal part of the prosecution under Article 334 (1) of the Criminal Procedure Act

1. When a worker dies or retires, an employer of facts constituting an offense shall pay him/her wages, compensations, retirement allowances, and other money or 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, at the above workplace, worked from November 1, 2015 to September 19, 2018 and did not pay the retirement allowances of 21,130,000 won in total and 68,595,593 won in total, as stated in the attached Form No. 1 to 6,88,593, as well as the retirement allowances of 7 employees, as stated in the following No. 1 to 6,800 won in September 2018, 2018.

2. Article 327 subparag. 6 of the Criminal Procedure Act, which states that a judgment worker is not punished;

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