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(영문) 서울중앙지방법원 2014.01.09 2013고단927
근로기준법위반등
Text

Defendant shall be punished by a fine for negligence in KRW 8,000,000 (Mive million).

If the defendant fails to pay the above fine, 50.

Reasons

Punishment of the crime

The defendant of Gangnam-gu Seoul Metropolitan Government, as the representative director of D in Seoul, is an employer who employs 20 full-time workers and operates software development business, etc. while operating the said company.

The Defendant did not pay the amount equivalent to KRW 4,243,550 on April 2, 2012 to E who retired from office while working in the said company from March 2, 2012 to April 30, 2012, within 14 days from the date of retirement without an agreement between the parties on the extension of the due date.

The Defendant, including this, did not pay the total amount of 67,420,767 won to 10 workers in total within 14 days from the date of retirement, without any agreement between the parties on the extension of the due date.

The Defendant of the Seoul Central District Court on February 27, 2013, 2013, the Defendant is the employer who employs 20 full-time workers and operates software development business, etc. as the representative director of D in Seoul Gangnam-gu, Seoul, as a person who is currently pending in trial due to violating the Labor Standards Act, etc. at the Seoul Central District Court on February 27, 2013.

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

From February 1, 2012 to November 24, 2012, the Defendant did not pay 15,363,194 won in total, including 5,476,67 won in March 2012, and 5,476,67 won in April of the same year, and 4,170,510 won in November of the same year, and 239,350 won in year-end settlement, as well as 15,363,194 won in total, from the time when the cause for the payment occurred without agreement between the parties to the extension of the due date.

Summary of Evidence

"2013 Highest 927"

1. Court statement of the defendant (which is made on the sixth trial date);

1. "Written Statements of G, H, E, I, J, K, L, M, N, andO";

1. The defendant;

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