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(영문) 서울중앙지방법원 2018.04.11 2018고정430

근로기준법위반

Text

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

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

Reasons

Punishment of the crime

The defendant is a business owner who employs three full-time workers as the representative of the Seocho-gu Seoul Metropolitan Government Steering Committee for the Development of Software and operates software development business.

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

Nevertheless, the Defendant did not pay KRW 3,833,30,00 as wages of KRW 2,50,00 on March 3, 2015, and KRW 1,333,30 on April 2015, as wages of KRW 1,33,30 from the above place of business to April 16, 2015, within 14 days from the date of retirement without any agreement between the parties on the extension of the payment deadline.

Summary of Evidence

1. Statement by the defendant in court;

1. A written complaint;

1. Application of Acts and subordinate statutes to the details of overdue debts;

1. Article 109 of the relevant Act concerning criminal facts, Articles 109 (1) and 36 of the Standards for Optional Labor, and the selection of fines;

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;