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Reasons
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(영문) 서울북부지방법원 2014.05.21 2014고정657
근로기준법위반등
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Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is a full-time representative director of Seoul Special Metropolitan City, Nowon-gu, who has operated a manufacturing business by employing 13 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;

Provided, That the date of payment may be extended by mutual agreement between the parties if special circumstances exist.

Nevertheless, the Defendant worked from August 26, 199 to June 30, 2010 at the above place of business, and paid 6,187,50 won in total, including 3,093,750 won on May 2010 of retired workers E, and 3,093,750 won on June 2010, and 6,187,50 won in money and valuables within 14 days from the date of retirement without any agreement on the extension of the due date between the parties.

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

Provided, That the date of payment may be extended upon the agreement between the parties if special circumstances exist.

Nevertheless, the Defendant worked in the above workplace from August 26, 199 to June 30, 2010, and did not pay retirement allowance of KRW 27,142,259 to retired workers E within 14 days from the date of retirement without agreement on extension of the due date between the parties concerned.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Statement to E by the police;

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

1. Article 109 (1), Article 36 of the Labor Standards Act on criminal facts, Article 44 subparagraph 1, and Article 9 of the Guarantee of Workers' Retirement Benefits Act (a point of which payment of retirement allowances is not made);

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 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Judgment on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The defendant alleged, E.

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