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Reasons
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(영문) 서울동부지방법원 2015.04.14 2014고정2068
근로기준법위반등
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Defendant shall be punished by a fine of KRW 2,500,000.

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

Reasons

Punishment of the crime

The defendant is the actual operator of the Seoul Special Metropolitan City B Child Care Center B located in Gwangjin-gu, who is an employer who provides educational services using seven regular 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, at the above workplace from September 18, 2012 to November 25, 2013, worked for the period from September 18, 2012 to November 25, 2013 and did not pay the total amount of KRW 20,000 in September 2013 of the retired workers D, the monthly wage of KRW 1,20,000, the monthly wage of KRW 1,220,000, and the monthly wage of KRW 2,220,000 from November 29, 201 to December 31, 2013 of the retired workers E who worked for the period from November 20, 200, the wage of KRW 60,00 in October, and the wage of KRW 1,200 in December, 200, KRW 320,000 in total, and KRW 40,04 in total, within 205 days.

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

Nevertheless, the Defendant did not pay the total amount of KRW 3,859,070, including KRW 1,408,330 and E retirement pay of KRW 2,450,740 as well as KRW 3,859,070 within 14 days from the date of retirement, which is the date of the occurrence of the cause for the payment, without agreement between the parties to the case

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

1. E’s written petition;

1. Application of Acts and subordinate statutes to the calculation of average wages and retirement allowances;

1. Article 109 (1) and Article 36 of the Labor Standards Act as to facts constituting an offense, and Article 44 subparagraph 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 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. Detention at a workhouse;

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