logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2020.10.08 2019고단3427
근로기준법위반
Text

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

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

Reasons

Punishment of the crime

The Defendant, as the representative of Dongdaemun-gu Seoul Metropolitan Government and the 1st underground floor, is a user who conducts the clothing manufacturing business using seven regular workers.

The Defendant had worked from September 20, 2018 to October 21, 2018 at the above workplace and retired E’s retirement from office had not paid KRW 2,200,000 as well as KRW 7,222,578 in total of the three wages in the attached Form, as described in F, E, and G, within 14 days from the date of the occurrence of the cause for the payment, without any agreement between the parties on the extension of the due date for payment.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the relevant Acts and subordinate statutes to the statement statement of H, G, and F;

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. Part concerning the rejection of prosecution under Article 334 (1) of the Criminal Procedure Act (worker B);

1. The summary of the facts charged is the defendant who is the representative of Dongdaemun-gu Seoul Metropolitan Government and the 1st underground floor "D" and is a user who conducts the clothing manufacturing business using seven regular workers.

The Defendant did not pay KRW 360,000,00 in October 2, 2018, as shown in the attached Form B to the above workplace, within 14 days from the date of retirement, which is the date of the occurrence of the cause for the payment, without agreement between the parties on the extension of the due date.

2. Determination

(a) Applicable provisions of Acts: Articles 109 (1) and 36 of the Labor Standards Act;

(b) Crimes of non-compliance with will (Article 109(2) of the Labor Standards Act);

C. Indication of the non-existence of punishment for victimized workers after the prosecution of this case

(d) Judgment dismissing public prosecution (Article 327 subparagraph 6 of the Criminal Procedure Act);

arrow