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(영문) 서울중앙지방법원 2014.12.29 2014고정5235

근로기준법위반

Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

The defendant is an employer who operates indoor interior interior interior design business with eight regular workers in Gangnam-gu Seoul Metropolitan Government 302.

When an employer dies or retires from a worker under obligation, he shall pay his wages, compensations, and other money or valuables within fourteen days after the cause for such payment occurred.

Nevertheless, the Defendant is working from September 23, 2013 to November 8, 2013 at the above workplace.

A retired worker C’s 1,250,000 won of September 2013, 201, wage of 5,000,000 won of October 2013, and wage of 1,250,000 won of November 2013, 7,50,000 won of wage of 1,250,000 won of November 2013, and is working for the same period.

A retired worker D’s wage of 1,250,000 won on September 2013, 2013, wage of 5,000,000 won on October 2013, 2013, wage of 1,250,000 won on November 2013, 2013, total of 7,50,000 won on duty for the same period.

A retired worker E’s wages of 1,250,000 won on September 2013, 201, wage of 5,000,000 won on October 2013, and total of 1,250,000 won on November 2013, 2013, and total of 22,50,500,000 won on September 1, 201, were not paid respectively within 14 days from each retirement date without any agreement between the parties on extension of the payment date.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement E, C, and D;

1. Application of each relevant statute;

1. Articles 109 (1) and 36 of the Labor Standards Act concerning facts constituting an offense;

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. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.