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(영문) 서울동부지방법원 2016.07.22 2016고정50

근로기준법위반

Text

Defendant shall be punished by a fine of KRW 2,500,000.

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

Reasons

Punishment of the crime

The defendant is the C representative director of a corporation with three floors in Songpa-gu Seoul Metropolitan Government B building 301, who runs job offering and job seeking services 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 the date may be extended by mutual agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant (i) retired from the said workplace as of December 20, 2013 to February 19, 2014; (ii) was not paid KRW 920,00 of the D’s wages on February 2, 2014; (iii) from August 10, 2012 to February 20, 2013; and (iv) from October 5, 2013 to January 30, 2014 to January 30, 2014; and (iv) was not paid the total amount of KRW 1,593,30 of the wages on February 2, 2013 to February 19, 2013; and (iv) was not paid between the parties to the labor within 30,50,000 wages without agreement on the retirement of 1,50,000 won; and (v) was not paid within 36,013 workers, including retirement.

Summary of Evidence

1. A protocol concerning the interrogation of each police suspect against the accused;

1. Each written statement prepared D and E;

1. Details of confirmation of facts, such as telephone, investigation report, and application of Acts and subordinate statutes to each petition;

1. Article 109 (1) and Article 36 of the Act on the Standards for Relevant Acts concerning facts constituting an offense and Articles 109 (Selection of Punishment) of the Labor Standards Act;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;