beta
(영문) 서울서부지방법원 2018.01.19 2017고정1094

근로기준법위반

Text

1. Defendant shall be punished by a fine of 2,000,000 won;

2. Where the defendant does not pay the above fine. < Amended by Presidential Decree No. 16090, Jan. 1

Reasons

Punishment of the crime

The Defendant, as an actual manager of the Eunpyeong-gu Seoul Metropolitan Government “C” located on the first floor, is an employer who ordinarily employs three workers and operates the clothing manufacturing business. From October 24, 2016 to February 7, 2017 at the above workplace, the Defendant did not pay the total amount of KRW 1,568,00 in total, KRW 1,856,00 in January 2017, and KRW 9,786,000 in arrears to four retired workers within 14 days from the date on which the cause for payment occurred, without agreement between the parties to the extension of the payment date.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of E, F, G, and D;

1. Application of Acts and subordinate statutes on transactions of corresponding bankbooks;

1. Article 109 (1) and Article 36 of the Act on the Standards for Relevant Acts concerning facts constituting an offense and Articles 109 (Selection of Punishment) of the Labor Standards Act;

2. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act, which increases concurrent crimes;

3. Article 70 (1) and Article 69 (2) of the Criminal Act to attract a workhouse.

4. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment.