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(영문) 서울중앙지방법원 2015.01.22 2014고정3073

근로기준법위반

Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a user who is a representative C in Gangnam-gu Seoul Metropolitan Government, and operates restaurant business using three full-time workers.

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

Nevertheless, the Defendant is working from January 1, 2012 to March 13, 2012 at the above workplace.

A retired D’s wage of 1.8 million won in January 2012, wage of 1.8 million won in February 2012, wage of 1.8 million won in March 2012, wage of 600,000 won in March 2012, and work from May 8, 2012 to August 19, 2012.

The retired E’s wages of 1050,000 won in June 2012, 1860,000 won in July 2012, and the total of 4050,000 won in August 2012, 8250,000 won in total, were not paid within 14 days from each retirement date without any agreement between the parties on the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. Application of Acts and subordinate statutes of D and E of each petition;

1. Article 109 (1) and Article 36 of the Labor Standards Act applicable to the relevant criminal facts and Articles 109 (1) and 36 of the same Act;

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

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;