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(영문) 서울남부지방법원 2016.12.08 2016고정2153

근로기준법위반

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 a representative director of Guro-gu Seoul Metropolitan Government building B and C Co., Ltd. 810 who employs 30 full-time workers and operates a service business.

The Defendant shall work from June 1, 2015 to October 1, 2015 at the same place of business.

A retired worker D's wage of 5,00,000,000 won for September 2015, and working from July 6, 2015 to October 9, 2015.

A retired worker E’s total of KRW 2,638,888,888, including the wages of September 2015, KRW 2,083,33, and KRW 555,555, monthly wages of October 2015, did not pay KRW 2,638,888 within 14 days from the date of retirement without any agreement between the parties on the extension of the due date

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the written statement D and E;

1. Relevant Articles of the Labor Standards Act and Articles 109 (1) and 36 (Selection of Fine) of the Labor Standards Act concerning facts constituting an offense;

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 to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;