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(영문) 서울북부지방법원 2018.05.31 2018고정707

근로기준법위반

Text

Defendant shall be punished by a fine of 2.5 million won.

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

Reasons

Punishment of the crime

[2018 High 707] The Defendant is the actual manager of C in Dobong-gu Seoul Metropolitan Government B and 2, who ordinarily employs four workers and operates manufacturing (wing) business.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred.

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

Nevertheless, the defendant in the above workplace from June 23, 2016 to the same year.

7. D's wages of 1.9 million won, July 2016, and the same year from June 21, 2016, which were retired while serving until December 22.

8. In the absence of an agreement between the parties on the extension of the payment date between the parties, two wage of KRW 5.1 million in total, including KRW 1.7 million in July 2016 and KRW 1.5 million in August 2016 of E (Korean nationality: Pakistan, Han national name: F) that retired while working until December 20, was not paid within 14 days from each retirement date, without any agreement between the parties on the extension of the payment date.

[2018 Highly 710] The defendant is a representative of Seongbuk-gu Seoul Metropolitan Government and H in the second floor and is an employer who runs the clothing manufacturing business by using five full-time workers.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred.

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

Nevertheless, the defendant in the above workplace from January 16, 2017 to the same year.

2. Until January 2015, an employee I was working as a foundation’s assistance and did not pay 1.15 million won for January 2017 of the retired employee I, 960,000 won for February of the same year, and 2.110,000 won for total of 2.110,000 won within 14 days from the date of retirement, without any agreement between the parties on the extension

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. The application of the respective laws and regulations of D and I.