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(영문) 서울중앙지방법원 2013.10.23 2013고정734
근로기준법위반
Text

Defendant shall be punished by a fine of KRW 1,500,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is a person who operates D, a building materials sales company and construction company with an office in Jung-gu Seoul Metropolitan Government.

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, unless the parties have agreed on the extension of the due date.

1. From February 6, 2011 to September 14, 2011, the Defendant is working as a business employee in the foregoing D.

A retired worker E’s total of KRW 2,719,748 on February 2, 201, wages of KRW 767,108, wages of KRW 976,320 on March 3, 201, and wages of KRW 976,320 on April 201, did not pay KRW 2,719,748 on the date of retirement within 14 days from the date of retirement without an agreement on extension of the due diligence.

2. The Defendant from October 26, 201 to 2012

1. up to 30.30. The above D will be a business employee.

A total of 1,858,050 won, including wages of 309,670 won on October 201, 201, and wages of 1,548,380 won on January 201, 201, did not pay 1,858,050 won within 14 days from the date of retirement without an agreement on extension of the due diligence.

3. From November 21, 2011 to December 6, 2011, the Defendant is to work as a daily worker at the work site in Seocho-gu Seoul Metropolitan Government G G at the work site in which the said D contracted human body work.

Wages 1,920,000 of retired workers I did not pay 1,920,000 won within 14 days from the date of retirement without an agreement on the extension of the multilateral payment period.

Summary of Evidence

【Paragraph 1 of this Article】

1. Legal statement of witness E;

1. Each prosecutor's protocol of examination of the accused (including the substitute part) (Article 2 of the trial time);

1. Defendant's legal statement;

1. Statement made by the police with respect to F (paragraph (3) at the time of sale);

1. Application of the Acts and subordinate statutes governing witness I and J's respective legal statements;

1. Relevant Articles 109(1) and 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. It is so decided as per Disposition on the grounds of Articles 70 and 69(2) of the Criminal Act or more;

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