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(영문) 서울중앙지방법원 2013.05.09 2013고정1150
근로기준법위반
Text

A defendant shall be punished by a fine of 500,000 won.

If the defendant does not pay the above fine, 50,000 won.

Reasons

The defendant is the representative of the Gangnam-gu Seoul Gangnam-gu Seoul District Research Institute, who runs a foreign language private teaching institute using 13 regular workers.

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

Nevertheless, the Defendant is working from February 24, 2010 to March 30, 2012 at the above workplace.

A retired worker C shall work for the retirement pay of KRW 1,20,000, retirement pay of KRW 3,528,460, and retirement pay of KRW 3,528,460, and from June 27, 2011 to March 30, 2012.

A retired worker D shall work for the amount of KRW 1,00,000,000 in the wage balance of March 2012, and for the period from July 1, 201 to March 30, 2012.

On March 2012, 2012, wage of KRW 1,900,00 for retired workers E, total of KRW 7,628,460 has not been paid within 14 days from the date of retirement without any agreement between the parties on the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes of C, D, and E of each complaint and written statement;

1. Relevant Articles 109(1) and 36 of the Labor Standards Act and the choice of fines for criminal facts;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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