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(영문) 의정부지방법원 고양지원 2014.11.14 2014고정971

근로기준법위반

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The Defendant, as the representative of the D Teaching Institute in C at the time of strike, is an employer who operates a private teaching institute business using two 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 May 1, 2013 to September 15, 2013 at the above workplace.

On May 2013, the retired worker E did not pay KRW 2,025,00 within 14 days from the date of retirement, without any agreement between the parties on the extension of the due date for payment. The retirement worker E did not pay KRW 450,000, the wage of June 450, the wage of July 450,000, the wage of August 450,000, the wage of August 450,000, and the wage of September 225,000.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statement to E;

1. Article 109(1) and Article 36 of the Labor Standards Act concerning criminal facts and Articles 109(1) and 36 of the same Act concerning the selection of fines

1. Articles 70(1) and 69(2) of the Criminal Act (one day: 100,000 won);

1. Pronouncement of sentence under Article 59(1) of the Criminal Act (Article 59(1) of the suspended sentence (Article 59(1) of the Criminal Act (Article 59(1) of the same Act (Article 59(1) of the same Act shall be taken into account, such as the violation of a person’s conscience, the absence of criminal history, and