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(영문) 서울북부지방법원 2020.10.30 2020고정1362
근로기준법위반등
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Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

The defendant is the representative of the comprehensive architect office C in Gangnam-gu, Seoul, and the third floor, who runs a construction business with five regular workers.

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

Provided, That the date may be extended by an agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant worked from September 1, 2015 to January 31, 2020 at the above workplace and did not pay KRW 4,060,000 as wages of January 20, 2020 within 14 days from the date of retirement, which is the date of the occurrence of the cause for the payment, without agreement between the parties to the extension of the payment.

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

Provided, That the date of payment may be extended according to an agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant worked from September 1, 2015 to January 31, 2020 at the above workplace and did not pay KRW 17,562,703 of D retirement pay 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 to the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. An average statement of wages and retirement allowances;

1. Application of Acts and subordinate statutes on the withholding receipt and wage ledger for employment income;

1. Article 109 (1) and Article 36 of the Labor Standards Act related to criminal facts, and Article 44 subparagraph 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (a point of not paying 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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