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(영문) 서울중앙지방법원 2015.04.15 2015고정189

근로기준법위반

Text

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

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

Reasons

Punishment of the crime

The defendant is the representative of corporation D with five floors in Seocho-gu Seoul Metropolitan Government, who is an employer who operates the manufacturing business by employing 13 full-time workers.

When a worker retires, the employer shall pay all money and valuables, such as wages, within 14 days from the date of retirement, unless otherwise agreed by the parties concerned about the extension of the due date for payment.

Nevertheless, the Defendant did not pay the total amount of KRW 13,683,135 of the wages in arrears within 14 days from the date of retirement without an agreement on the extension of the due date between the parties, as shown in the attached crime list, as well as KRW 2,055,475 of the retirement workers E, who worked in the above workplace from December 2, 2013 to June 10, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the authentic statement of E;

1. Article 109(1) and Article 36 of the Labor Standards Act concerning criminal facts and Articles 109(1) and 36 of the same Act concerning the selection of fines

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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