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(영문) 서울남부지방법원 2016.06.17 2016고정215
근로기준법위반
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant is the actual operator of the D cafeteria in Guro-gu Seoul Metropolitan Government Da 24-1, who is an employer who runs a subdivision restaurant business using one full-time worker.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred.

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

Nevertheless, the Defendant did not pay KRW 1,780,000 of the weekly paid leave allowances to E retired workers from the said workplace from September 17, 2014 to August 28, 2015 without an agreement on the extension of the payment period between the parties.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police to E;

1. Application of Acts and subordinate statutes on a petition;

1. Article 109 of the relevant Act concerning criminal facts, Articles 109 (1) and 36 of the Standards for Optional Labor, and the selection of fines;

1. Penalty fine of 300,000 won to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. Article 59 (1) of the Criminal Act (the fact that the defendant is the primary offender and the amount of the weekly paid leave allowance in arrears is not much) of the suspended sentence;

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