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(영문) 서울동부지방법원 2019.06.18 2018고정1007
근로기준법위반
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

On May 18, 2018, the Defendant was sentenced to imprisonment with prison labor for six months at the Seoul Eastern District Court for fraud, and the judgment became final and conclusive on September 22, 2018.

1. The Defendant is the operator of the Songpa-gu Seoul Metropolitan Government “C” on the 9th floor.

When a worker dies or retires, an employer shall pay the wages, retirement allowances, compensation, and other money or valuables within 14 days after the cause for such payment occurred.

Nevertheless, the Defendant is working from May 4, 2015 to April 2, 2016 at the above workplace.

The retired D’s wages of KRW 1,50,000 on July 7, 2015, KRW 1,500,000 on August 8, 2015, KRW 1,500 on September 2015, KRW 1,500,000 on September 2015, KRW 1,500 on October 1, 2015, KRW 1,500 on November 1, 2015, KRW 1,500,00 on December 1, 2015, KRW 1,500,00 on January 1, 2016, and KRW 1,50,000 on January 1, 200 on the extension of the payment date between the parties concerned, did not pay it within 14 days after retirement without any agreement between the parties concerned.

2. The Defendant is an operator of “F” on Seoul Songpa-gu E and fourth floor.

When a worker dies or retires, an employer shall pay the wages, retirement allowances, compensation, and other money or valuables within 14 days after the cause for such payment occurred.

Nevertheless, the Defendant is working from December 12, 2017 to December 15, 2017 at the above workplace.

The total amount of G wages of 185,000 won was not paid within 14 days after retirement without any agreement on the extension of the due date between the parties concerned.

Summary of Evidence

1. The defendant's partial statement in the second protocol of trial;

1. Statement made by witnesses D in the fifth trial records;

1. H statement statement made by the police against the defendant

1. The police statement concerning G;

1. Each criminal complaint and a petition;

1. Judgment of branch court of Suwon District Court;

1. A detailed statement of use of transportation cards and a detailed statement of deposit transactions;

1. Application of Acts and subordinate statutes to the unregistered transfer of disposition and the report on the result of confirmation;

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;

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