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(영문) 서울동부지방법원 2015.10.13 2015고정954
근로기준법위반등
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

The defendant is the representative director of Songpa-gu Seoul Metropolitan Government and 101, who runs wholesale and retail business with one full-time worker.

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

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

Nevertheless, the Defendant, who worked from July 31, 2013 to November 25, 2014, did not pay KRW 4,250,000 as the total amount of KRW 1,50,000 for September 2014, and monthly wage of KRW 1,50,000 for October, and monthly wage of KRW 1,250,00 for 1,250 for 10,000 for 14 days from the date of retirement without agreement between the parties on the extension of the due date.

(b) When a worker retires, the employer shall pay the retirement allowance within fourteen days after the cause for such payment occurred; and

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

Nevertheless, the Defendant did not pay retirement allowance of KRW 1,959,170 within 14 days from the date of retirement to E who worked from July 31, 2013 to November 25, 2014, without an agreement between the parties on the extension of the due date.

Summary of Evidence

1. Legal statement of witness E;

1. Police suspect interrogation protocol of the accused;

1. Application of investment-related Acts and subordinate statutes, such as details of transactions;

1. Relevant Article 109 (1) and Article 36 of the Labor Standards Act concerning criminal facts, Articles 44 (1) and 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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