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(영문) 서울중앙지방법원 2017.08.24 2016고단9577
근로기준법위반등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The defendant is the representative director of the Gangnam-gu Seoul Metropolitan Government and the 7th century, who is an employer who runs the wholesale business of small and medium forms and inciting the amount of money by using 20 full-time workers.

1. An employer in violation of the Labor Standards Act shall, if a worker retires, pay all money and valuables, such as wages, within 14 days from the date of retirement, unless there exists an agreement between the parties on the extension of the payment period;

Nevertheless, the Defendant had worked from November 1, 2004 to May 31, 2016 at the said workplace and had retired workers D’ wages of KRW 3,650,00 in December 2015, and KRW 3,650,00 in January 2016, and KRW 3,650,000 in February 2016, and KRW 3,650,00 in March 2016, and KRW 3,650,00 in March 2016, and KRW 3,650,00 in April 3, 200, and KRW 21,90,00 in May 2016, and did not pay the same within 14 days from the date of retirement without agreement on extension between D and D.

2. An employer who fails to pay a retirement allowance shall pay a retirement allowance within 14 days from the date on which the grounds for payment occur, in cases where the employee retires.

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

Nevertheless, the Defendant had worked in the said workplace from April 10, 2013 to February 5, 2016, and had not paid the retirement pay of KRW 6,373,830 and KRW 36,585,350 in total, and KRW 42,959,180 in total, from November 1, 2004 to May 31, 2016, to employees D’ retirement pay of KRW 36,585,350 in total, as well as KRW 42,959,180 in total, within 14 days from the date of retirement without agreement between the employees and the employees on the extension of the payment date.

Summary of Evidence

1. A protocol concerning the interrogation of each police suspect against the accused;

1. Each police statement made with respect to E and D;

1. Each complaint;

1. Application of Acts and subordinate statutes to a collection receipt of source of retirement income for the year 2016, each average wage and retirement allowance, and a statement of payment of wages and retirement allowances;

1. Articles 109(1) and 36 of the Labor Standards Act for criminal facts

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