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(영문) 서울중앙지방법원 2014.12.11 2014고정2607
근로기준법위반
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

The defendant is an employer who has run a construction business using three regular workers, and when the worker retires, the employer shall pay the wages, retirement allowances, and all other money and valuables within 14 days after the cause for such payment occurred.

Nevertheless, the Defendant, even from June 15, 2013 to July 31, 2013, had worked at the construction site of multi-household houses located in Jung-gu Seoul Metropolitan Government, Jung-gu, Seoul, and had not paid the total of KRW 3 million for each of the wages of workers D, E, and F, which was retired, within 14 days from the date when the cause for the payment occurred without an extension agreement between the parties on the due date.

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. Each police officer's statement about D and G;

1. Application of the respective Acts and subordinate statutes of D, E, and F;

1. Article 109 (1) and Article 36 of the Labor Standards Act applicable to the relevant criminal facts and Articles 109 (1) and 36 of the same Act;

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

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 of the provisional payment order;

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