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(영문) 서울중앙지방법원 2014.06.10 2014고정1054
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 actual operator of D Co., Ltd. in Gangnam-gu Seoul Metropolitan Government (CA building underground 1 floor) who operates a service business (web design) by using 25 full-time workers.

1. When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within fourteen days after the cause for such payment occurred;

Nevertheless, the Defendant is working from June 7, 201 to August 31, 2013 at the above workplace.

With respect to the number of retired workers E including the total of KRW 3,294,610 in July 2013, and KRW 3,835,510 in August 2018, and KRW 7,902,780 in August 7, 2018, the total of KRW 35,248,320 in addition to the statement of overdue wages in the attached Form was not paid within 14 days from the date of retirement without any agreement between the parties on the extension of the due date.

2. When a worker dies or retires, the employer shall pay the retirement allowance within fourteen days after the cause for such payment occurred;

Nevertheless, the Defendant is working from June 7, 201 to August 31, 2013 at the above workplace.

A total of 31,051,380 won, including 7,723,587 won of retirement allowance for retired workers E, was not paid within 14 days from the date of retirement without any agreement between the parties on extension of payment due date, as stated in the details of individual wages in arrears.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes of E, etc.;

1. Facts constituting an offense: Article 109 (1) or Article 36 of the Labor Standards Act that does not pay retirement allowances: Article 44 subparagraph 1 or Article 9 of the Guarantee of Workers' Retirement Benefits Act;

1. Selection of each alternative fine for punishment;

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The order of provisional payment;

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