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(영문) 광주지방법원 2014.04.29 2014고정262
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 a de facto representative of C and D in Nam-gu, Seoul and a user who operates software development business using 20 full-time workers.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money and valuables within 14 days from the date on which the cause for such payment occurred, and even if the date may be extended by an agreement between the parties, if there are special circumstances, the Defendant, in the said workplace, did not pay the total of 16,750,983 won, including the total of 2,163,020 won, of the worker E, who worked for the period from August 23, 2003 to May 11, 201 and retired on the next day, within 14 days from the date of retirement without an agreement on the extension of the due date between the parties concerned.

B. Where an employee retires, the employer shall pay the retirement allowance within 14 days from the date when the grounds for such payment occurred, and even if the date of payment may be extended by agreement between the parties, in exceptional circumstances, the Defendant did not pay 30,642,480 won, including 16,275,790 won, and 30,642,480 won, including 16,275,790 won, for employees E who retired on the next day, from August 23, 2003 to May 31, 201, without agreement on the extension of the due date between the parties.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police suspect interrogation protocol against the accused;

1. Application of Acts and subordinate statutes on police statement to E;

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Not paid benefits: Articles 109(1) and 36 of the Labor Standards Act;

(b) Unpaid retirement benefits: Subparagraph 1 of Article 44 and Article 9 of the Act on the Guarantee of Workers' Retirement Benefits;

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

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