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(영문) 서울중앙지방법원 2017.04.21 2017고정233
근로기준법위반
Text

Defendant shall be punished by a fine of one million won.

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

Reasons

Criminal facts

The defendant is a DNA representative in Gangnam-gu Seoul and the second floor, who runs a research service business using five full-time workers.

If an employee retires, the employer shall pay all money and valuables, such as wages, within four days from the date of his/her retirement, unless there is an agreement between the parties on the extension of the payment period, but the Defendant shall, from November 9, 2015 to April 12, 2016 of E, who worked and worked in the said workplace during the period from November 19, 2015 to April 12, 2016, pay 60,000 won of wages in January 2016, 100,000 won of wages in February, 200, 100 won of wages in March, 300, 400 won of wages in April, 200, 3000 won of wages in April, 9, 20

9.9. Work experience as of August 2016 and as of August 9, 2016, wage of 2.1 million won in August 2016, wage of 90,000 won in total, and (3) the same year from August 9, 2016.

9. A retired worker G was serving until September 2016 and did not pay a total of KRW 2.1 million in August 2016 and KRW 3 million in September 90,000, respectively, within 14 days from the date of retirement without any agreement on the extension of the day of each payment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of E, F and G;

1. The application of each petition and employment agreement Acts and subordinate statutes;

1. Article 109 (1) and Article 36 of the Act on the Standards for Relevant Acts concerning facts constituting an offense and Articles 109 (Selection of Punishment) of the Labor Standards Act;

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;

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