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(영문) 서울중앙지방법원 2015.01.16 2014고정4436
근로기준법위반
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a user who has employed four full-time workers in Seoul Special Metropolitan City, Nowon-gu, and operated a mutual event when constructing a “C Co., Ltd.”.

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

Nevertheless, the Defendant is working from January 21, 2014 to May 17, 2014 at the same workplace.

D’s wages of KRW 581,00 in January 2014, and KRW 1,50,000 in February 27, 2014, the wage of KRW 800,00 in March 2014, and KRW 700,00 in April 2014, the total amount of KRW 774,00 in May 77, 2014, and KRW 4,355,00 in the indictment as stated in the facts charged on January 27, 2014, are obviously erroneous in the indictment, and thus, it is recognized to correct the criminal facts.

Work from May 17, 2014 to shall be employed.

The retirement E’s wage of 242,00 won in January 2014, the wage of 1,50,000 won in February 2014, the wage of 800,000 won in March 2014, the wage of 700,000 won in April 2014, and the wage of 774,000 won in May 2014, did not pay 4,016,000 won in total (total amount of KRW 8,371,00) within 14 days from the date of each employee’s retirement.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. E statements;

1. Application of Acts and subordinate statutes on payment of benefits;

1. Relevant Articles of the Labor Standards Act and Articles 109 (1) and 36 of the same Act concerning 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 (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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