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(영문) 의정부지방법원 2016.11.11 2016고단1400

근로기준법위반

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 of "2016 Highest 1400" is a user who operates a salary-counting business by making four regular workers as the representative in Guri-si B located in Guri-si B.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money and valuables within fourteen days after the cause for such payment occurred, unless there exists any agreement between the parties on the extension of the due date.

Nevertheless, the Defendant did not pay KRW 10,182,242 of the total wage of 7 workers within 14 days from the date of each retirement, even though there was no agreement between the parties on the extension of the due date between the parties, as stated in the details of the reported case at each place of business, including the payment of KRW 1,913,514 of the worker D who worked in the above place of business from September 14, 2015 to January 23, 2016.

The defendant of "2016 Highest 2285" is the representative of C in Guri-si B, who runs a salary-counting business with four regular workers.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money and valuables within fourteen days after the cause for such payment occurred, unless otherwise agreed by the parties concerned regarding the extension of the due date.

Nevertheless, the Defendant did not pay the total of KRW 600,000 paid in November 16, 2015, and KRW 150,000 paid in December 2015, and KRW 750,000 paid in December 2015, within 14 days from the date of retirement without an agreement between the parties on the extension of the payment date between the parties concerned.

Summary of Evidence

[2016 Highest 1400]

1. Defendant's legal statement;

1. Each police statement made with respect to F, G, H, I, J, and D;

1. Each written petition and each written report on delayed payment of wages;

1. Copy of a bankbook, detailed statement of salary for November, detailed statement of calculation of each wage, detailed statement of delayed payment of wages, details of passbook transactions; and details of passbook transactions;

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes on a petition;

1. Criminal facts;