logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 성남지원 2019.07.04 2019고단407
근로기준법위반
Text

Defendant shall be punished by a fine not exceeding five hundred thousand won.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

The defendant is the actual manager of the building F in the Jung-gu Seoul Special Metropolitan City and the second floor, who runs the construction business by employing five full-time workers.

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

Provided, That the date may be extended by an agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant did not pay KRW 2,100,000 for January 1, 2018 to I who worked from December 15, 2017 to February 1, 2018 at the site of H household installation works in Seopo-si in Seopo-si in Jeju-do within 14 days from the date of retirement without agreement on the extension of the due date of payment.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the statement of the special judicial police officer to I;

1. Article 109(1) and Article 36 of the former Labor Standards Act (amended by Act No. 15108, Nov. 28, 2017); the choice of fines for criminal facts;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The dismissal part of the prosecution under Article 334 (1) of the Criminal Procedure Act

1. The summary of the facts charged is that the defendant, as the actual manager of the G in charge, did not pay the worker B's wages of KRW 8,200,00,000, C's wages of KRW 6,300,00, E's wages of KRW 2,700,000, and D's wages of KRW 1,750,000 within 14 days from the date of retirement, respectively.

2. Grounds for dismissing public prosecution;

(a) Applicable provisions of Acts: Articles 109 (1) and 36 of the Labor Standards Act;

(b) Crimes of non-compliance with an intention: Article 109 (2) of the Labor Standards Act.

(c) Judgment dismissing public prosecution: Subparagraph 6 of Article 327 of the Criminal Procedure Act (or expression of intention not to punish each of the above workers after the institution of public prosecution);

arrow