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(영문) 서울중앙지방법원 2015.11.11 2015고단2851

근로기준법위반

Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

The Defendant is a user who actually operates one business chain software development company using ten full-time workers under two trade names called “C Co., Ltd.” and “D Co., Ltd.” in Gangnam-gu Seoul.

On April 14, 2014, the Defendant joined and works for the above C Co., Ltd.

Without reaching an agreement on the extension of the payment date with the retired worker E on July 31, 2014, the said E’s wage of KRW 5,200,498 was not paid within 14 days from the date of the said E’s retirement.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the Appellants (Evidence Nos. 2), written statements (Evidence List No. 9), E wage delay statements;

1. Relevant Article 109 (1) and Article 36 of the Labor Standards Act and the choice of a fine concerning facts constituting an offense;

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

1. The dismissal part of the prosecution under Article 334 (1) of the Criminal Procedure Act

1. The summary of the facts charged is that the Defendant is a full-time user who actually operates one business chain software development company using ten full-time workers under two trade names, namely, “C” and “D” in Gangnam-gu Seoul Metropolitan Government.

On April 1, 2014, the Defendant joined and works for the above C Co., Ltd.

In August 15, 2014, the F and F did not enter into an agreement with the F and F, and did not pay the said F's wages of KRW 5,633,333 within 14 days from the F's retirement.

The Defendant, including this, did not enter into an agreement on the extension of the payment date with four workers, and did not pay 34,29,999 won in total for four workers within 14 days from the date of retirement of each worker, without having agreed on the extension of the payment date.

Accordingly, the defendant did not pay wages within 14 days from the date of worker's retirement.

2. The above facts charged are crimes falling under Articles 109(1) and 36 of the Labor Standards Act.