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(영문) 서울중앙지방법원 2014.02.13 2013고정2852
근로기준법위반등
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Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

The defendant is an employer who employs 13 full-time workers as the representative director of Gangnam-gu Seoul Metropolitan Government (ju), and engages in environmental consulting and related engineering business.

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

The Defendant is working in the foregoing workplace from February 1, 2002 to August 31, 2012.

A retired worker D’s wages of KRW 1,743,790 in January 2012, KRW 3,712,340 in February 2012, KRW 3,339,890 in April 2012, KRW 3,355,90 in May 2012, KRW 3,382,90 in June 3, 2012, KRW 3,382,90 in June 2012, KRW 3,382,220 in July 20, and KRW 3,382,220 in August 20 in total, and KRW 3,382,29,350 in August 20 without agreement between the parties on the extension of the payment date.

2. When a worker retires, the employer shall pay the retirement allowance within fourteen days after the cause for such payment occurred; and

The Defendant is working in the foregoing workplace from February 1, 2002 to August 31, 2012.

The retirement allowance of retired workers D was not paid 35,038,550 won 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. Police suspect interrogation protocol of the accused;

1. Written statements prepared in D;

1. Application of Acts and subordinate statutes on a petition;

1. Article 109(1) and Article 36 of the Labor Standards Act applicable to criminal facts, and 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 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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