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(영문) 서울중앙지방법원 2016.11.09 2016고정1976

근로기준법위반

Text

Defendant shall be punished by a fine of 1.3 million won.

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

Reasons

Punishment of the crime

The defendant is a user who conducts electronic commerce business using two workers as the representative director of corporation C, which is located in Gangnam-gu Seoul Metropolitan Government 907.

When a worker dies or retires, the employer shall pay the wages, compensations, and all other money and valuables within fourteen days after the cause for such payment occurred.

(2016, 1976) The Defendant is employed on November 10, 2015 at the same workplace.

On December 10, 2015, an employee D retired on December 10, 2015, paid KRW 1.5 million and KRW 67,740 on December 2015, and KRW 15,000 on December 2015, total of KRW 1,582,740 on December 14, 2015, without any agreement between the parties on the extension of the due date.

(2016 fixed3562) The Defendant is employed on October 27, 2015 at the same workplace.

On January 28, 2016, an employee E retired on January 28, 2016 did not pay KRW 3 million of wages on January 2016, 201, KRW 200,000 of wages on February 2016, and KRW 3.2 million in total within 14 days from the date of retirement without any agreement on the extension of the due date between the parties.

Summary of Evidence

1. Statement by the defendant in court;

1. A petition (D, E);

1. Statement to E by the police;

1. Application of the Kakakao Stockholm photograph Acts and subordinate statutes;

1. Relevant Articles 109(1) and 36 of the Labor Standards Act and the choice of fines for criminal facts;

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