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(영문) 서울남부지방법원 2018.10.19 2017고단6425

근로기준법위반등

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The defendant is a user who runs a wholesale business of building materials by using three full-time workers as the representative of Yangcheon-gu Seoul Metropolitan Government Building C (State) D.

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.

The Defendant was employed as an employee by joining the above enterprise on June 7, 2013, and did not pay KRW 8,300,000 to E retired from office on December 31, 2016, 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. Application of each E’s written evidence and each Act and subordinate statute;

1. Article 109 of the relevant Act concerning criminal facts and Articles 109 (1) and 36 of the Standard Act concerning selective labor;

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;