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(영문) 서울남부지방법원 2016.11.09 2015고단2932
근로기준법위반등
Text

Defendant shall be punished by a fine of 200,000 won.

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

Reasons

Criminal facts

The defendant is a company G representative director in Gangseo-gu Seoul Metropolitan Government, who operates service business using at least 40 full-time workers.

When a worker retires, the employer shall pay the wages, retirement allowances, and other money or valuables within fourteen days after the cause for such payment occurred.

Nevertheless, the Defendant is working at the same workplace from August 17, 2013 to November 16, 2014, as shown in attached Table 8, as shown in attached Table 8.

The retirement allowance of the retired worker H was not paid 2,341,874 won within 14 days from the date of occurrence of the cause for payment or the date of retirement without any agreement between the parties to the extension of the due date.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol of partial examination of the accused by prosecution;

1. A petition and a statement prepared by the H;

1. Application of Acts and subordinate statutes on financial transactions and certificates of employment;

1. Article 44 of the Act on the Guarantee of Workers' Retirement Benefits and Articles 44 subparagraph 1 and 9 of the Act on the Guarantee of Workers' Retirement Benefits, and Selection of fines;

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

1. The portion not guilty under Article 334 (1) of the Criminal Procedure Act of the provisional payment order

1. The gist of this part of the facts charged is that the Defendant is a company G representative director located in Gangseo-gu Seoul Metropolitan Government F, who runs a service business using at least 40 full-time workers.

When a worker retires, the employer shall pay the wages, retirement allowances, and other money or valuables within fourteen days after the cause for such payment occurred.

Nevertheless, the Defendant is working at the same workplace from June 15, 201 to January 31, 2015.

A total of KRW 102,73,560, including KRW 5,706,296, and KRW 102,733,560, including KRW 19,00,00,09,893 and annual allowances of KRW 723,667, as stated in the attached Table Nos. 1 through 7,9,9, and 20 of the retirement allowances of retired workers I, shall be within 14 days from the date of occurrence of the cause for payment to the date of retirement, without any agreement between the parties on the extension of the due date.

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