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(영문) 서울남부지방법원 2014.10.20 2014고정2518

근로기준법위반등

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant is the C representative director of the Co., Ltd. in Geumcheon-gu Seoul Metropolitan Government, the third floor of the building 114, who employs four regular workers and operates the software development business.

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.

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

Nevertheless, the Defendant works from September 19, 2012 to May 22, 2013.

A retired worker D's 1,403,294 won in March 2013, 1,560,057 won in April 2013, and 1,397,510 won in May 2013, 4,360,861 won in total were not paid within 14 days from the date of retirement without an agreement between the parties to the extension of the payment date.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Application of Acts and subordinate statutes of a copy of employment contract;

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

1. A fine not exceeding 700,000 won to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,00 won per day) of the Criminal Act for the inducement of a workhouse;

1. Article 59(1) of the Criminal Act (see, e.g., Article 59(1) of the Suspension of Sentence (see, e.g., Supreme Court Decision 2006Da1447, Apr. 1, 2006)