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(영문) 서울남부지방법원 2018.01.31 2017고정569
근로기준법위반
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A defendant shall be punished by a fine of 500,000 won.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The defendant is the representative of Yeongdeungpo-gu Seoul Metropolitan Government C, who is a full-time worker and operates a food-raising business.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within fourteen 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 2,90,000,000, monthly wage of KRW 1,800,000 on January 1, 2016, and monthly wage of KRW 1,100,000 on February 2, 2016 at the same place of business within 14 days from the date of retirement without agreement between the parties to the extension of the payment date.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statements from witnesses D, E, and F;

1. Partial statement of witness G;

1. A written petition for the G production;

1. Business registration certificate (the defendant and his/her defense counsel received and operated C from February 15, 2016, and D retired on February 14, 2016, which is the preceding day. Thus, the defendant alleged that he/she is not liable for payment of D wages for D arising before February 15, 2016. However, according to the evidence submitted by the prosecutor by the prosecutor, it is recognized that D was discharged from his/her office on the same day after he/she worked in C on February 15, 2016. Thus, even if he/she received business on February 15, 2016 as alleged by the defendant, if the business is comprehensively transferred, the relation between the transferor and the worker is comprehensively succeeded to the transferee unless there is any special agreement, and the violation of Article 109 of the Labor Standards Act Article 109 of the Labor Standards Act is established at the expiration of 14 days after the date on which the grounds for payment occurred. Thus, the representative of the defendant, who is the defendant's duty to pay C wages after the lapse of February 14, 15.

Therefore, the defendant and his defense counsel's assertion is without merit.

Application of Statutes

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