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(영문) 서울남부지방법원 2018.07.12 2018고정203
근로기준법위반등
Text

Defendant shall be punished by a fine of KRW 700,000.

Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

The Defendant is the representative of the building C and D located in Yeongdeungpo-gu Seoul Metropolitan Government, who has been engaged in a service business (alternative driving) by using ten full-time workers.

1. When a worker dies or retires, an employer in violation of the Labor Standards Act shall pay him/her wages, compensations, or other money or valuables within 14 days after the cause for such payment occurred;

On August 21, 2016, the Defendant, who was employed as an employee by joining the above company and worked as an employee on May 8, 2017, did not pay KRW 5,541,594 in total, such as wage, within 14 days from the date of retirement without an extension agreement between the parties on the payment date, as stated in the list of offenses in the attached Table, to F retired around May 8, 2017.

2. An employer who violates the minimum wage law shall pay the workers subject to the application of the minimum wage amount above the minimum wage amount; and

On August 21, 2016, the Defendant served as an employee while serving as an employee at the above company on May 8, 2017, and paid 4,864 won (from August 2016), 4,665 won (from September 2016 to January 2017), 4,845 won (from February 2017 to March 3, 2017), 4,506 won (from April 2017) to F retired from office, respectively.

Summary of Evidence

1. Legal statement of witness F;

1. A protocol concerning the examination of partially the police officers of the accused;

1. Statement made by the police with respect to F;

1. Application of Acts and subordinate statutes to investigation reports (examination as to whether minimum wage law has been violated);

1. Relevant legal provisions of the relevant Act concerning criminal facts, Articles 109(1), 36 of the Act on the Standards for Optionald Labor, Articles 28(1) and 6(1) of the Minimum Wage Act (which complies with the minimum wage), and the choice of each fine;

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;

1. Determination as to the assertion of the Defendant and the defense counsel under the main sentence of Article 186(1) of the Criminal Procedure Act, which bear the costs of lawsuit

1. The Defendant’s judgment on the assertion of wage payment is F.

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