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(영문) 서울동부지방법원 2017.01.10 2016고정1816

근로기준법위반등

Text

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

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

Reasons

Punishment of the crime

The defendant is the representative of the F in Gangdong-gu Seoul Metropolitan Government, who runs food service business using four full-time workers.

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.

Provided, That in special circumstances, the date may be extended by mutual agreement between the parties.

Nevertheless, the Defendant did not pay the amount of KRW 1,60,00 on November 1, 2015, wage of KRW 1,600,000 on December 2015, 2015, wage of KRW 1,600,000 on January 1, 2015, wage of KRW 750,000 on January 2016, a total of KRW 3,950,00 on KRW 3,00 on January 31, 2016, within 14 days from the date of retirement without any agreement between the parties on the extension of the payment date.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the relevant Acts and subordinate statutes to the G productions;

1. Article 109 (1) and Article 36 of the Act on the Standards for Preliminary Labor for Criminal Facts and Articles 109 (Selection of Punishment) of the same Act;

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

1. The part dismissing a public prosecution under Article 334(1) of the Criminal Procedure Act against the order of provisional payment

1. The Defendant is the representative of F in Gangdong-gu Seoul Metropolitan Government E, who runs food service business using four regular workers.

(a) When a worker dies or retires, the employer shall pay the wages, compensations, and all other money or valuables within 14 days after the cause for such payment occurred;

Provided, That in special circumstances, the date may be extended by mutual agreement between the parties.

Nevertheless, the Defendant did not pay the total of 16,594,604 won, including three retired workers B, who worked from the above workplace from October 28, 2014 to March 6, 2016, within 14 days from the date of retirement without an agreement between the parties on the extension of payment deadline, as shown in the list of crimes in the attached Form.

(b).