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(영문) 서울서부지방법원 2019.09.26 2019고정558
근로기준법위반
Text

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

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

Reasons

Punishment of the crime

The Defendant, as the representative C Co., Ltd. located in Gyeonggi-gu Group B, is an employer who runs the publishing business by employing eight full-time 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.

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

Nevertheless, the Defendant worked at the Seoul Office of 3rd floor of Mapo-gu Seoul Metropolitan Government for the E Center from February 12, 2018 to June 30, 2018, and did not pay the amount of KRW 3 million paid in June 2018 within 14 days from the date of retirement, which is the date on which the cause for the payment occurred, without an agreement between the parties to the extension of the due date.

Summary of Evidence

1. A protocol concerning the examination of partial police officers of the accused;

1. Statement of the police statement concerning F;

1. Application of the benefit passbook transaction details, business registration certificate copy Acts and subordinate statutes;

1. Article 109(1) and Article 36 of the Labor Standards Act concerning criminal facts and Articles 109(1) and 36 of the same Act concerning the selection of fines

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

1. Article 334(1) of the Criminal Procedure Act provides that wages for workers who determine the defendant's assertion of provisional payment order shall be paid in full directly to workers. Thus, except the overpaid wage refund claim, the employer's claim for tort against workers cannot be rejected or delayed against the worker's wage claim or payment therefor. Thus, the prior argument by the defendant cannot be accepted on a different premise.

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