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(영문) 서울북부지방법원 2015.10.21 2015고정1309
근로기준법위반
Text

Defendant shall be punished by a fine of three 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 Seocho-gu Seoul Metropolitan Government BA-202 (State)C and is an employer who runs wholesale and retail business with 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.

Provided, That the date may be extended by mutual agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant is working from May 11, 2013 to December 31, 2013 in Dobong-gu Seoul Metropolitan Government E2 to December 31, 2013.

The retired FF’s wages of 1,500,000 won in October 2013, the wage of 1,500,000 won in November 2013, the wage of 1,50,000 won in December 2013, and the wage of 1,50,000 won in December 2013 (small 4,50,000 won) and the wage of 1,50,000 won in January 2, 2014 to March 1, 2014.

The retired G's wage of KRW 1,500,000 in January 2014, and the wage of KRW 1,500,000 in February 2014 (small 3,000,000) was not paid respectively within 14 days from each retirement day, which is the date on which the cause for payment occurred, without any agreement between the parties on the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. G statements;

1. Application of each relevant statute;

1. Article 109(1) and Article 36 of the Labor Standards Act and the choice of fines for criminal facts;

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

1. Articles 70 (1) 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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