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(영문) 서울중앙지방법원 2017.06.22 2016고정3150
근로기준법위반
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is the representative of the building C located in Gangnam-gu Seoul Metropolitan Government 605, and is an employer who ordinarily employs three workers and operates human resources supply business.

When an employee retires, an employer shall pay wages, compensations, and other money or valuables within 14 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 did not pay KRW 7,948,387, including the total of KRW 2,200,00 in February 1, 2014, and the total of KRW 2,200,00 in March 2014, and KRW 2,200,00 in April 2014, and KRW 2,200,00 in April 20, 2014, and KRW 1,348,387 in May 2014, without agreement on the extension of the payment period between the parties.

Summary of Evidence

1. A written confirmation of D facts;

1. Business registration certificate, and a statement of salary for January 1-5, 2014;

1. Application of the Seoul Eastern District Court 2015 other Acts and subordinate statutes 13554

1. Relevant Article of the Act on Criminal Facts and Articles 109 (1) and 36 of the Act on the Standards for Optional Labor.

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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