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(영문) 서울중앙지방법원 2017.08.31 2017고단4163

근로기준법위반

Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The defendant is the representative director B, who is a full-time worker, and conducts real estate sales agency business using two 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 in special circumstances, the date may be extended by mutual agreement between the parties.

Nevertheless, the Defendant had worked in the said workplace from July 7, 2016 to December 20, 2016 and retired from the said workplace, and had not paid KRW 1,500,000 for October 2016, and the wage of KRW 1,50,000 for November 2016, and KRW 3,967,741 for December 2016, without any agreement on the extension of the payment date between the parties, 14 days have passed from each retirement date.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of each police statement protocol to C;

1. Relevant legal provisions of facts constituting an offense and Articles 109 (1) and 36 of the Standard Labor Standards Act (the confession and reflect of a defendant, the amount of unpaid amount, previous convictions, etc. and the amount of fines shall be determined in the same manner as the order of a fine is issued) of the same Act;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.