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(영문) 서울중앙지방법원 2016.09.07 2016고정1648
근로기준법위반등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

The defendant is the representative director of Seocho-gu Seoul Metropolitan Government C, who employs 15 full-time workers and operates an animal transportation business, etc.

On March 5, 2012, the Defendant joined and works for Co., Ltd. C.

In August 1, 2015, without agreement with D on the extension of the due date, D's annual leave allowances of KRW 727,270 and retirement allowances of KRW 6,332,010 were not paid within 14 days from D's retirement.

The Defendant, including this, did not enter into an agreement on the extension of the payment date with nine workers, and did not pay KRW 10,206,580 in total, and KRW 27,456,331 in total, and KRW 27,456,331 in total, within 14 days from the retirement date of each worker, without having agreed on the extension of the payment date.

Accordingly, the defendant did not pay wages and retirement allowances within 14 days from the date of worker's retirement.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to E, F, G, H, I, and J;

1. Each statement of K and L;

1. Application of Acts and subordinate statutes concerning the annual status of years 2015 and the calculation details of each retirement allowance;

1. Articles 109(1) and 36 of the Labor Standards Act applicable to criminal facts, and Article 44 Subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act (a point of not being paid a retirement allowance); and

1. Articles 40 and 50 of the Criminal Act for the ordinary concurrences;

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 (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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