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(영문) 서울서부지방법원 2018.02.09 2017고정879
근로기준법위반
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Defendant shall be punished by a fine of 6 million won.

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

Reasons

Punishment of the crime

The defendant is the actual representative of Seodaemun-gu Seoul Metropolitan Government building C and E, who is a user who uses five full-time workers and operates a wholesale and retail business of video materials.

When a worker dies or retires, the employer shall pay the 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.

Defendant 1 did not pay the total amount of KRW 1,703,280 for January 21, 2015 through September 9, 2016, to F who worked in the said place of business from December 21, 2015 to September 2016, wages of KRW 1,128,280 for February, of KRW 2,491,00 for March, of KRW 3,024,00 for April, of KRW 3,024,00 for May, of KRW 3,024,00 for June, of KRW 3,024,00 for June, of KRW 3,024,00 for July, of KRW 3,024,00 for August wage of KRW 3,024,00 for August wage of KRW 3,024,024,00 for annual wage of KRW 909,740 for September 9, 2018; and

Defendant G workers who retired from the said workplace work as an examination-accredited office from March 7, 2016 to November 7, 2016 at the said workplace, did not pay KRW 2,122,581, 300,000 for April 3, 200, 3,300,00 for May 3, 200, 3,850,000 for June 7, 3,850,850,00 for August 3, 200, for August 3, 2050, for September 3,850, for September 3, 200, for September 3,850, for September 3, 200, for October 3, 850, for October 3, 100, for October 3, 850, for November 3, 898, 3038, for the total period of retirement from the date of agreement.

Summary of Evidence

[2017 High Doz. 879]

1. Statement by the defendant in court;

1. Statement made by a special judicial police officer with respect to F;

1. Labor contract and a detailed statement of financial transactions "fixed 1036";

1. Statement by the defendant in court;

1. G statements;

1. To inquire into the details of arrears, labor contracts, and account transactions, and to apply text details to statutes;

1. Articles 109(1) and 36 of the Act on the Standards of Employment and the Selection of Punishment for Criminal Facts, and Articles 109(1) and (36 of the same Act shall be selected.

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