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(영문) 서울남부지방법원 2019.05.24 2019고정452
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 is the representative director of C in Guro-gu Seoul Metropolitan Government, who runs software development and supply business using four regular workers.

When a worker retires from office, the employer shall pay wages, compensations, and all other money and valuables within 14 days from the date when the cause for such payment occurred, unless otherwise agreed by the parties concerned about the extension of the due date.

Nevertheless, the defendant is working in the above workplace from February 19, 2018 to July 19, 2018.

Without agreement between the parties on the extension of the payment date, 2 million won in total, 2 million won in wages for 5 months of retirement, 2 million won in wages for 6 months, and 2 million won in wages for 7 months, 6 million won in total was not paid within 14 days from the date of retirement.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to a written statement of DNA preparation;

1. Relevant provisions of the relevant Act on criminal facts, Articles 109(1) and 36 of the Labor Standards Act on the Selection of Punishment, and Selection of a fine (see, e.g., that the previous criminal punishment power and unpaid wages of the accused have been

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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