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(영문) 청주지방법원 2018.08.17 2018고정185
근로기준법위반
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 representative of the K-gu Seoul Metropolitan Government D Building E, who ordinarily employs five workers and operates the web design manufacturing business by employing five 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.

Provided, That the payment date may be extended by an agreement between the parties in extenuating circumstances.

Nevertheless, the defendant in the above workplace from June 20, 2017 to the same year.

8. G’s 1,241,935 won as of August 8, 2017; H’s wage 1,358,064 won; and H’s wage 1,358,064 won as of September 11, 2017 through November 27, 2017; and J’s 11.10,00 won as of October 1, 2017 and November 11, 2017; and 5,117,659 won as of the extension of payment date, without any agreement between the parties concerned, did not pay 14 days after the date of retirement.

Summary of Evidence

1. Statement by the defendant in court;

1. Each petition of H, G, and I;

1. Application of the respective Acts and subordinate statutes of G, H and I

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. 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 the facts charged is the representative of the K-gu Seoul Metropolitan Government D Building E, who ordinarily employs five workers and operates web design work by employing five 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.

Provided, That the payment date may be extended by an agreement between the parties in extenuating circumstances.

Nevertheless, the defendant at the above workplace from June 26, 2017 to August 26 of the same year.

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