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(영문) 서울동부지방법원 2015.08.28 2015고정758
근로기준법위반
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

The defendant is a user who employs 28 full-time workers and operates a construction business (tin) as the representative director of the Seoul Songpa-gu Seoul Metropolitan Government Co., Ltd.

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

Nevertheless, the Defendant is working from July 5, 2014 to November 26, 2014 at the new construction site of D apartment units under the above workplace.

The retired E’s total amount of KRW 9,177,500, including the wage of KRW 5,275,000 in October 2014 and the wage of KRW 3,902,50 in November of the same year, was not paid within 14 days from the date of retirement without any agreement between the parties on the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A copy of deposits into the wage account;

1. A copy of business registration certificate;

1. A copy of a certificate to be registered;

1. Copy of employment contract;

1. Detailed statement of expenses for daily labor;

1. Application of a copy of the output manual (Investigation Record No. 27 pages);

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

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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