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(영문) 서울중앙지방법원 2016.10.31 2016고정2689
근로기준법위반
Text

Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The defendant is a user who ordinarily employs four workers as the C representative in Gangnam-gu Seoul Metropolitan Government and operates a restaurant business.

When a worker retires, the employer shall pay the retirement allowance within fourteen days after the cause for such payment occurred.

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

Nevertheless, the Defendant is working from October 19, 2015 to December 24, 2015 at the above workplace.

A retired worker D's wages of 2.4 million won, 2.4 million won in November, 11, and 5.28 thousand won in December, 12, without any agreement between the parties on the extension of the due date for payment, was not 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. Police suspect interrogation protocol of the accused;

1. A written petition (D);

1. Application of Acts and subordinate statutes;

1. Article 109(1) and Article 36 of the Labor Standards Act concerning criminal facts and Articles 109(1) and 36 of the same Act concerning the selection of fines

1. Articles 70 (1) 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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