beta
(영문) 서울동부지방법원 2017.01.17 2016고정1729

근로기준법위반

Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant, as the C representative director in Songpa-gu Seoul Metropolitan Government, is a full-time worker who runs the business of distributing and electronic commerce by employing six full-time workers.

[2016 High Court Decision 1729] When a worker dies or retires, the employer shall pay the wages, compensations, and all other money and valuables within 14 days after the cause for such payment occurred.

Provided, That in special circumstances, the date may be extended by mutual agreement between the parties.

Defendant (hereinafter “Defendant”) retired from the said workplace as from November 6, 2015 to March 21, 2016, and had not paid KRW 24,960,000 as well as KRW 1,00,00 on January 1, 2006 of D’s retirement from the said workplace as well as KRW 24,960,00,000, as described in the attached crime list, within 14 days from the date of retirement, without any agreement between the parties on the extension of the payment date.

[2016 High Court Decision 2002] When a worker dies or retires, the employer shall pay the worker wages, compensations, and all other money and valuables within 14 days after the cause for such payment occurred.

Provided, That in special circumstances, the date may be extended by mutual agreement between the parties.

Defendant (i) retired from the said workplace as of November 5, 2015 to April 20, 2016, the amount of KRW 900,000 on January 1, 2016, wage of KRW 1,500,000 on February 2016, and KRW 1,500,000 on March 2016, and KRW 1,000 on April 1, 2016, total of KRW 4,90,000 on April 5, 2016, did not pay the amount of KRW 1,00,000 on the date of payment between the parties without agreement on the extension of the payment period.

Summary of Evidence

[2016 High Court Decision 1729]

1. A protocol concerning the examination of the police officers of the accused;

1. Each petition and statement in F, G, H, I, D, and J;

1. Each labor contract, business registration certificate, all certificates to be registered in the corporation, each wage ledger, each wage ledger, each inquiry into history of employment insurance, inquiry into workplace information, details of receipt of each wage account, notification of loss of employment insurance, and each notice of overdue payment of wages (2002 fixed at 201;

1. The police of the defendant.