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(영문) 서울중앙지방법원 2017.09.12 2017고정1752

근로기준법위반

Text

Defendant shall be punished by a fine of 2.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is the actual manager of C Co., Ltd. in the third floor of Seocho-gu Seoul Metropolitan Government, who is an employer as a person in charge of financial business operation who employs four full-time workers.

When an employee retires, the employer shall pay all money and valuables, such as wages, within 14 days after the cause for such payment occurred, unless the parties have agreed to extend the due date for payment.

Nevertheless, the defendant worked in the above workplace from July 4, 2016 to August 30, 2016 and retired from the workplace from the above workplace, and did not pay two workers, including 3,064,515 won in August 1, 2016 to September 12, 2016, and 3,933,32 won in retired E’s wages (2,66,666 won in August 2016), including 2,66,666 won in total, and 1,26,666 won in September 2016) within 14 days from the date on which the ground for payment occurred without an agreement between the parties on the extension of the payment date.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. Application of each relevant statute;

1. Relevant Articles 109 (1) and 36 of the Labor Standards Act concerning facts constituting a crime and Articles 109 (Selection of Punishment) of the same Act;

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

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;