beta
(영문) 서울북부지방법원 2013.04.11 2012고정3385

근로기준법위반

Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant is the representative of the Dobong-gu Seoul Metropolitan Government “C” under subparagraph B 101, who ordinarily employs five workers and operates a restaurant business.

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 did not pay 180,000 won of D’s wages in May 2012, 2012, wages of 1.8 million won in June, 180, and wages of 4,880,000 won in July 4, 201, within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without any agreement between the parties on the extension of the due date for payment.

Summary of Evidence

1. Statement of the defendant in the first protocol of trial;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes governing D’s petition;

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

1. Articles 70 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;