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(영문) 서울중앙지방법원 2020.12.10 2019고단3754
근로기준법위반등
Text

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

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

Reasons

Punishment of the crime

The Defendant is the representative director of the N Co., Ltd. in Gangnam-gu Seoul Metropolitan Government M 4, who runs construction business using 12 full-time workers.

From June 14, 2017 to January 25, 2019, the Defendant did not pay the total amount of KRW 4,760,950 (from October 14, 2018 to January 2019) and retirement allowances of KRW 8,654,620, and the total amount of wages of KRW 5,398,629 (from November 1, 2018 to January 25, 2019) and retirement allowances of KRW 5,398,629, and retirement allowances of KRW 5,80,550 from the date of retirement without agreement between the parties on the extension of the due date.

The Defendant is the representative director of the N Co., Ltd. in the fourth floor of Gangnam-gu Seoul Metropolitan Government, who works for the said company, and is the employer of workers working for the said company.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money, valuables, and retirement allowances within 14 days after the cause for such payment occurred, unless there exist any special circumstances.

Nevertheless, from April 1, 2016 to October 20, 2018, the Defendant failed to pay the wages of Q Q, 8,719,829 won and retirement allowances of Q, 7,567,269 won, which were employed by the said company, within 14 days from the date of retirement, without any agreement between the parties on the extension of the due date.

Summary of Evidence

The defendant's partial statement of "2019No3754" in the 7th trial records of "P, R, Q's statement and each statement of P, all corporate registration documents of P,O's employment contracts, annual salary contracts, average wages, and retirement allowances calculated". The defendant's partial statement of "2019No6469" in the 7th trial records

1. Statements made by B, R and Q in the seventh trial records;

1. Each petitioner’s statement of salary on September 2018, and the calculation of retirement pay on October 2018 (the Defendant and his/her defense counsel, the actual operator of N, and the Defendant is S, and the Defendant is merely a representative under his/her name, as well as N (the violation of the Labor Standards Act against his/her workers).

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