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(영문) 서울중앙지방법원 2017.06.22 2017고정242
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 a user who runs a personal construction business with two full-time workers at the construction site in Gangnam-gu Seoul Metropolitan Government, indoor cosmetic rooms, and employs two full-time workers.

When a worker retires, the employer shall pay the wages, etc. within 14 days from the date on which the cause for such payment occurred, unless there exists an agreement extending the payment deadline.

Nevertheless, the Defendant, who served from May 18, 2016 to June 13, 2016, worked for 8-day wages of 18,440,000 won for 8-day wages of retired workers D and from May 18, 2016 to June 13, 2016, did not pay 2,80,000 won for 8-day wages of retired workers E within 14 days from the date of his/her retirement, without any agreement between the parties on the extension of the payment deadline.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of each of the documents and written statements of E and D to Acts and subordinate statutes;

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

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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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