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(영문) 서울동부지방법원 2015.10.16 2015고정445
근로기준법위반등
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A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

The Defendant is the actual manager of Songpa-gu Seoul Metropolitan Government second floor C, who operates general restaurants with five full-time workers. A.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred, but the defendant works at the workplace above from May 16, 2012 to May 16, 2014.

A retired worker D’s KRW 1,700,000 of the monthly wage in March 2013, and KRW 1,700,000 of the April wage in the same year, and from March 16, 2014

5. Until June 16, 198, wages of KRW 7,000,000 including wages of KRW 3,600,000 were not paid within 14 days from the date of retirement, which is the date when the cause for the payment occurred, without any agreement between the parties on the extension of payment

B. Where an employee retires, the employer shall pay the retirement allowance within 14 days from the date on which the cause for such payment occurred, but the Defendant is working at the same workplace from May 16, 2012 to May 16, 2014.

A retired employee's retirement allowance of KRW 3,578,238 was not paid at the expiration of 14 days from the date of retirement, which is the date when the grounds for such payment occurred, without agreement between the parties to the extension of the payment

Summary of Evidence

1. Defendant's legal statement;

1. Written complaints and statements of D;

1. Application of Acts and subordinate statutes concerning confirmation of facts, such as telephone;

1. Article 109(1) and Article 36 of the Labor Standards Act applicable to criminal facts, and Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (a point of payment of retirement allowances);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

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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