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(영문) 서울북부지방법원 2019.07.11 2019고정162
근로기준법위반등
Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a manager of E located in Dongdaemun-gu Seoul Metropolitan Government, who runs general restaurant business using four regular workers.

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

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

Nevertheless, the Defendant did not pay KRW 1,700,000 as wages for April 1, 2018 to F working in the said workplace from February 19, 2018 to May 18, 2018 within 14 days from the date of retirement without an agreement between the parties on the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the statement which is authentic to F;

1. Relevant Article 109 (1) of the Labor Standards Act concerning criminal facts, Article 109 (1) of the Labor Standards Act, and selection of fines

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

1. The dismissal part of the prosecution under Article 334 (1) of the Criminal Procedure Act

1. The summary of this part of the facts charged is the actual manager of E located in Dongdaemun-gu Seoul Metropolitan Government, who conducts general restaurant business using four regular workers. A.

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

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

Nevertheless, the Defendant did not pay the sum of KRW 4,00,000 paid monthly wages of May 2018 to B who worked from October 16, 2015 to June 25, 2018, and KRW 5,33,333,30 paid monthly wages of June 2018, and KRW 5,33,330 paid monthly wages of KRW 1,33,30 from April 14, 2018 to the same year.

6. The sum of C’s wages of 2,100,000 for April 2018, wages of 2018, wages of 2,100,000 for May 2018, and wages of 360,000 for June 2018.

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