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Reasons
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(영문) 서울남부지방법원 2015.07.14 2015고정213
근로기준법위반등
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Defendant shall be punished by a fine of KRW 1,500,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The defendant is the representative of Geumcheon-gu Seoul Metropolitan Government Dispute Resolution Co., Ltd., which is a user who operates the clothing manufacturing business using 20 full-time workers.

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;

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

Nevertheless, the Defendant did not pay KRW 207,430 on March 21, 2014, which had worked from November 1, 2012 to July 21, 2014 at the above workplace, and did not pay KRW 4,79,954 on the aggregate of the wages of three retired workers within 14 days from each retirement date, as stated in the list of crimes in the attached Table.

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

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

Nevertheless, the Defendant did not pay KRW 4,241,350 of the E retirement pay from November 1, 2012 to July 21, 2014 at the above workplace within 14 days from the date of retirement without an agreement between the parties on the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of E, F and G;

1. Application of the relevant Acts and subordinate statutes of E, F and G of each petition;

1. Article 109(1) and Article 36 of the Labor Standards Act as to facts constituting an offense, 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 (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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