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(영문) 서울서부지방법원 2018.01.12 2016고정686
근로기준법위반등
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a user who operates beauty and beauty business using 13 full-time workers as an actual operator of the building B in Seodaemun-gu Seoul and the second floor.

When an employee retires, an employer shall pay a retirement allowance within 14 days from the date on which the cause for such payment occurred.

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

Nevertheless, the Defendant, from October 12, 2009 to April 25, 2015, worked as the Hague Chief, etc., and did not pay KRW 16,828,240 of the retirement allowances of retired workers D within 14 days from the date of retirement, which is the date of the occurrence of the payment cause, without any agreement between the parties on the extension of the payment date.

Summary of Evidence

1. Statements made by witnesses D in the second public trial records;

1. Statement of witness E in the fourth public trial protocol;

1. Statement protocol (No. 2 No. 5 of the evidence list) made by a special judicial police officer against D;

1. A copy of an appointment letter, employee regulations, basic rules, work rules, ears and disciplinary actions, and benefits from workers;

1. The point that is to be improved and objectives of the red control of c hedge harassment, and good points/improvements in the store;

1. Data evidencing the direction and supervision of duties received in the F;

1. Evidentiary data evidencing the designation of reading reading and submission of reading certificates/cases;

1. Evidentiary materials on the matters instructed, such as public relations activities in mountain, answers to other companies, and attendance at fashion halls;

1. Instructions to change the attendance time and evidential materials evidencing the attendance at the attendance at the attendance session;

1. Application of Acts and subordinate statutes to documentary evidence records, such as large cleaning, education, meetings, monthly leave, and holiday leave, which are recorded in the calendar of the books;

1. Article 44 of the Act applicable to facts constituting an offense, and Article 44 subparagraph 1 and Article 9 of the Act on the Guarantee of Retirement Benefits for elective Workers, and Selection of a fine;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Determination on the Defendant and defense counsel’s assertion under Article 334(1) of the Criminal Procedure Act

1. The summary of the defendant's defense counsel's assertion is not a worker D, and the defendant is not obligated to pay a retirement allowance to D, and it is also D.

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