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(영문) 서울중앙지방법원 2014.01.16 2013고정319
근로기준법위반등
Text

Defendant shall be punished by a fine of KRW 1,500,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is the representative of the Dispute Resolution Co., Ltd. in the fourth floor of Gangnam-gu Seoul Metropolitan Government and is an employer who operates broadcast program production business, etc. using 15 regular workers.

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

[2013 fixed319]

1. The Defendant, who served from February 1, 2012 to July 6, 2012 and retired workers E, did not pay KRW 2,800,000 on February 2, 2012, wages of KRW 2,750,00 on June 2012, and KRW 5,550,000 on the date of his/her retirement within 14 days from the date of his/her retirement, without any agreement between the parties on the extension of the due date.

[2013 High Court Decision 1459]

2. From February 6, 2012 to May 19, 2012, the Defendant did not pay KRW 3,33,30 of the wages of workers F retired in the said workplace on April 4, 2012, and KRW 2,043,010 of the wages of May 2, 2012, from December 7, 2009 to June 30, 2012 to workers G who were employed in the said workplace and were employed in the said workplace, within 14 days from the date of retirement without agreement on the extension of the payment date between the parties concerned.

Summary of Evidence

[2013 fixed319]

1. Legal statement of witness E;

1. E statements;

1. Certificate of matters to be registered for the corporation (2013 High Court Decision 1459);

1. Each legal statement of witness F and G;

1. A written statement of F and G;

1. Application of the benefit passbook copy, and the receipt for tax withholding for employment income;

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;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each alternative fine for punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The order of provisional payment;

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