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(영문) 서울북부지방법원 2018.03.15 2017고정2218

근로기준법위반

Text

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

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

Reasons

Punishment of the crime

The defendant is the representative of the Seoul Jung-gu building B and C located in the third floor and is a user who operates the clothing manufacturing business with ten 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 the date may be extended by mutual agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant did not pay two retired workers’ wages of KRW 1,868,333, total amount of wages of KRW 1,333,00,00 in total, including KRW 1,218,333,00 in April 7, 2015 to February 5, 2016, and KRW 650,00 in February 1, 2016 to April 15, 2016, retired from the said workplace without an agreement between the parties on the extension of the payment period between the parties. < Amended by Act No. 13748, Mar. 1, 2016; Act No. 1476, Apr. 1, 2016; Act No. 1476, Mar. 33, 2016; Act No. 1478,333, Mar. 1, 2016; Act No. 1478, Mar. 33, 2016>

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. Each written petition;

1. Application of Acts and subordinate statutes concerning confirmation of facts, such as telephone;

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