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(영문) 서울남부지방법원 2018.10.31 2018고단3862
근로기준법위반
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant is a building business operator who employs four regular workers and operates a building business.

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, and where the worker retires, the employer shall pay the worker a retirement allowance within 14 days after the cause for such payment occurred.

The Defendant, at the new site of multi-family house located in the new site of the Gwanak-gu Seoul Special Metropolitan City, Seoul Special Metropolitan City (hereinafter referred to as the "Seoul Special Metropolitan City"), did not pay KRW 720,000 as wages of November 1, 2017, wages of KRW 270,000 as wages of December 2017, and the total amount of KRW 990,000 as wages of KRW 90,000 from the date of retirement within 14 days from the date of retirement without agreement on the extension of the payment deadline between the parties.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecutor with respect to B;

1. Application of Acts and subordinate statutes governing fact-finding, including telephone;

1. Article 109 of the relevant Act concerning criminal facts, Articles 109 (1) and 36 of the Standards for Optional Labor, and the selection of fines;

1. Penalty fine of 300,000 won to be suspended;

1. Article 70(1) and Article 69(2) of the Criminal Act (Conversion of KRW 100,000 per day) to the custody of a workhouse;

1. Article 59 (1) of the Criminal Act (i.e., confession and full payment of unpaid wages before the indictment of this case), Article 59 of the suspended sentence;

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