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(영문) 서울서부지방법원 2014.08.19 2014고정1117

근로기준법위반

Text

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

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

Reasons

Punishment of the crime

The Defendant is the representative of C Private Teaching Institutes in Eunpyeong-gu Seoul Metropolitan Government 12 and 3, who is an employer who operates a private teaching institute business by employing two full-time workers.

1. From January 17, 2013 to December 12, 2013, the Defendant served as an educational instructor at the pertinent workplace, and did not pay 3,829,000 won in total, including 1,420,000 won in total, and 3,829,000 won in total, including 1,420,000 won in wages, and 909,000 won in December 2013, 2013, which were retired from office, within 14 days from the date of retirement without agreement between the parties on the extension of the payment date.

2. On January 17, 2013, the Defendant was employed as a school lecturer and worked as a retired employee D on December 12, 2013 at the above workplace without prior notice, and immediately dismissed 1,200,000 won for the part of ordinary wages for 30 days, and did not immediately pay 1,20,000 won on December 12, 20-13, which is the date of dismissal.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement of D;

1. Application of the Act and subordinate statutes to verify facts and dismiss the unpaid wages

1. Relevant Article 109(1) and Article 36 of the Labor Standards Act, Article 110 Subparag. 1 and Article 26 of the Labor Standards Act, the choice of fines for criminal facts, and the choice of fines for negligence;

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;