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(영문) 서울남부지방법원 2016.10.12 2016고정743

근로기준법위반

Text

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

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

Reasons

Punishment of the crime

The defendant is the representative director of the D Co., Ltd. in Geumcheon-gu Seoul Metropolitan Government 2 Dong 1114, who is a user who operates non-structure dismantling business, etc. using at least five regular workers.

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

Nevertheless, the Defendant is working from November 1, 2006 to July 7, 2013 at the above workplace.

The retired E’s overtime or holiday work allowances from August 1, 201 to July 7, 2013, shall be 8,438,271 won, and shall work from July 10, 201 to February 28, 2014.

The retired FF’s total wages of 11,299,371 won, including 2,861,100 won for extended and holiday work from August 1, 201 to February 28, 2014, were not paid within 14 days from the date of retirement without any agreement between each party on extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to statements made between E and two persons;

1. Article 109(1) and Article 36 of the Labor Standards Act and the choice of fines for criminal facts;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The part dismissing the prosecution under Article 334 (1) of the Criminal Procedure Act against the provisional payment order (the violation of the Labor Standards Act against B of workers);

1. The Defendant in this part of the facts charged is the representative director of D Co., Ltd., which has 1114 Dong Dong 2, Geumcheon-gu Seoul Metropolitan Government, and is the employer who operates non-structure structure dismantling business, etc. by using at least

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

Nevertheless, the Defendant is working from April 1, 2008 to February 28, 2014 at the above workplace.

B From August 1, 201 to February 28, 2014, an agreement is reached between the parties on the extension of the due date of payment between the parties, which is KRW 13,959,761.