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(영문) 서울중앙지방법원 2013.09.27 2013고정1434
근로기준법위반
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant, as the representative C of the Seocho-gu Seoul Metropolitan Government, was employed by two full-time workers who work for the publication of magazines and periodicals.

The Defendant did not pay KRW 800,000 for wages on April 1, 2012, wages of KRW 800,000 for workers D, May 2012, 2012, and KRW 2,400,000 for wages of KRW 800,000 on June 5, 2012, which is the regular payment date, to workers D, who had worked since March 1, 2012, respectively.

The Defendant, from March 1, 2012 to July 31, 2012, “20,000 won in wages of 80,000 won in wages of 80,000 won in May 2012, 2012, wages of 80,000 won in wages of 8,00,000 won in June 6, 2012, and 3,200,000 won in wages of 8,00,000,000 won in wages of 8,20,000,000 won in wages of 20,000,000 from the date of retirement, was not paid within 14 days from the date of retirement without any agreement on the extension of the due date between the parties.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes in which each police statement of D is written;

1. Article 109(1) and Article 43(2) of the Labor Standards Act (which refers to the fact that wages are not paid), Articles 109(1) and 36 of the Labor Standards Act (which refers to the fact that wages are not paid to retired workers), and the choice of fines, respectively, for criminal facts;

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

1. Articles 70 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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