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(영문) 서울중앙지방법원 2014.11.27 2014고정4169
근로기준법위반
Text

Defendant shall be punished by a fine of KRW 2,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is the representative director of the Seoul Metropolitan Government Co., Ltd. in the sixth-story building in Gangnam-gu, who operates food manufacturing and selling business using five regular workers.

When a worker dies or retires, the employer shall pay the wages, compensations, and all other money and valuables within fourteen days after the cause for such payment occurred.

Nevertheless, the Defendant is working from June 1, 201 to February 20, 2012 at the above workplace.

Wages 2,662,070 won in August 201, 201, wages 2,662,070 won in September 201, and wages 2,662,070 in October 201, 201, wages 2,662,070 in November 2, 201, wages 2,662,070 in December 2, 201, wages 2,662,070 in January 201, and wages 2,662,070 in January 2, 2012, and wages 1,74,115 won in February 201, and 17,716,535 won in total were not paid within 14 days from the date of retirement without an agreement between the parties on the extension of the payment date.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of employment contract Acts and subordinate statutes;

1. Article 109 (1) and Article 36 of the Labor Standards Act applicable to criminal facts and Articles 109 (1) and 36 of the same 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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