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(영문) 서울중앙지방법원 2015.06.18 2015고정1138

근로기준법위반

Text

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

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The defendant is a corporation representative director of Gangnam-gu Seoul Metropolitan Government Co., Ltd., which is located in the first floor of Gangnam-gu, and is an employer who employs 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 is working from April 3, 2014 to August 4, 2014 at the above workplace.

A retired worker D's wage of 1.9 million won in July 2014, wages of 245,160 won in August 2014, and labor of 2,145,160 won in total, and 2,160 won in April 21, 2014 to July 23, 2014.

A retired worker E did not pay the total amount of KRW 3,480,640 in July 2014 within 14 days from the date of retirement without agreement between the parties on the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of D and E;

1. Application of Acts and subordinate statutes of D and E of each petition;

1. Article 109 (1) and Article 36 of the Labor Standards Act applicable to the relevant criminal facts and Articles 109 (1) and 36 of the same Act;

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

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;