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(영문) 서울남부지방법원 2019.11.22 2019고정912

근로기준법위반

Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is the representative of the Dispute Resolution Co., Ltd. located in the fourth floor of Geumcheon-gu Seoul Metropolitan Government, who runs the door-to-door sales business using two full-time workers.

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

Provided, That the date may be extended by an agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant did not pay the wages of KRW 450,00 for July 2017, 2017, the wages of KRW 50,000 for August 3, 2017, the wages of KRW 2,000,000 for September 2017, the wages of KRW 1,000,000 for October 2017, the wages of KRW 1,900,000 for November 2017, and the wages of KRW 2,00,000,00 for December 3, 2017, and KRW 7,50,000 for total wages of KRW 7,850,00 for December 2, 2017, without agreement between the parties on the extension of the payment term between them.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement of D;

1. The application of Acts and subordinate statutes to data to be submitted by a petitioner;

1. Article 109(1) and Article 36 of the Labor Standards Act concerning criminal facts and Articles 109(1) and 36 of the same Act concerning the selection of fines

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;