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(영문) 서울북부지방법원 2013.05.30 2013고정966

근로기준법위반

Text

Defendant shall be punished by a fine of 300,000 won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant is the representative of the Dongdaemun-gu Seoul Metropolitan Government “C” in the second floor, and is an employer who ordinarily employs two workers and engages in food-raising business.

When a worker dies or retires, the employer shall pay the wages, compensations, and all other money and valuables within fourteen 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, while working in the foregoing workplace from May 24, 2012 to August 24, 2012, did not pay KRW 1920,000,000 as wages of July 2012 of retired workers D, and wages of KRW 1.8,00,000,000 as wages of August 2012 between the parties concerned, within 14 days from the date of retirement without agreement on the extension of the due date between the parties concerned.

Summary of Evidence

1. Defendant's legal statement;

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;