beta
(영문) 서울중앙지방법원 2013.03.22 2012고정6689

근로기준법위반

Text

Defendant shall be punished by a fine of KRW 1,500,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is a representative director C in the second floor of Seocho-gu Seoul Metropolitan Government, who operates a building business with six regular workers.

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

The Defendant did not pay KRW 6,95,000 for the total wages of five retired workers on December 1, 2012, 201, as stated in the attached crime list, to the employees D, who worked in the above workplace from December 1, 2011 to December 5, 201, and were retired from office, and did not pay KRW 6,995,000 for the total wages of five retired workers 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. Statement made to D by the police;

1. Application of Acts and subordinate statutes of E;

1. Article 109(1) and Article 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 and 69 (2) of the Criminal Act for the detention of a workhouse;