logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2018.07.02 2017고단4271
근로기준법위반
Text

Defendant shall be punished by a fine of KRW 4,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is the actual manager of C in the second floor of building B in Yangcheon-gu Seoul Metropolitan Government, who runs a construction business by employing two full-time workers.

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.

Nevertheless, the defendant worked in the above workplace from November 17, 2016 to December 23, 2016 at the above workplace, and did not pay 23,610,000 won in total to 16 workers within 14 days from the date of retirement, which is the date of the occurrence of the payment cause, without any agreement between the parties on the extension of the payment date, as stated in the list of crimes in the attached Table, including the sum of 1,590,000 won in the wage of November 7, 2016 and 840,000 won in the wage of December 2016, 2016 and the sum of 2,430,000 won in the wage of 4-day wage of December 20, 206.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police;

1. Application of each relevant statute;

1. Article 109 (1) and Article 36 of the Act on the Standards for Preliminary Labor for Criminal Facts and Articles 109 (Selection of Punishment) of the same Act;

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;

arrow