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(영문) 서울남부지방법원 2018.05.11 2017고단5977
근로기준법위반등
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is the user who has been engaged in software development business with 50 full-time workers as the representative of Guro-gu Seoul Metropolitan Government E and 709 (State).

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.

On March 1, 2010, the Defendant, who was employed as an employee by being employed by the said business, was not paid KRW 2,400,000 for each of the retirement days within 14 days from the date of his/her retirement, without any agreement between the parties on the extension of the payment period between the parties, as to the wages of KRW 2,50,000 for the said business that was retired on May 1, 2017 (not later than 10,000,000 for the attached Table No. 19).

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the relevant Acts and subordinate statutes of C and D of each authentic statement;

1. Article 109 (1) and Article 36 of the Act on the Standards of Employment and Selection of Punishment for Criminal Facts, and Articles 109 (1) and 36 of the same 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. The part dismissing a public prosecution under Article 334(1) of the Criminal Procedure Act against the order of provisional payment

1. The summary of this part of the facts charged is that the Defendant is a full-time employee who is the representative of Guro-gu Seoul Metropolitan Government E 709 (State) and has engaged in software development business by using 50 full-time employees.

(a) 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 May 1, 2011, the Defendant worked as an employee for the foregoing company on or around June 3, 201, while serving as an employee on or around June 3, 2017, and paid wages of 20 workers, other than H, C, and D, in addition to the total wages of 7,470,846 won for G retired around June 3, 201.

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