logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2018.05.31 2017고정1268
근로기준법위반
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

On October 6, 2015, the Defendant is a full-time employee elected at a temporary management unit of D Building Management Group B and C located in Yeongdeungpo-gu Seoul Metropolitan Government, Yeongdeungpo-gu, and C around October 6, 2015.

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.

The Defendant worked at the said workplace from March 17, 2015 to November 16, 2015, and paid 5,370,000 won in total of wages of retired workers E from the said workplace from August 1, 2015 to November 16, 2015, and 5,825,806 won in total of wages of workers F from March 12, 2015 to October 16, 2015, and did not pay 5,825,806 won in total of wages of workers F from October 2015 to October 16, 2015 without any agreement on the extension of payment date between the parties.

Summary of Evidence

1. Legal statement of witness F;

1. The recording of each statement by witnesses E and G recorded in the recording file of the system of statutory recording among the four-time public trial records, and the recording of part of H of a witness recorded in the same recording file;

1. Some of the public records of the branch offices with employment and labor branch offices in Seoul Southern, of the person under consideration and witness I;

1. Convocation of a meeting and notification meetings of the D building management unit;

1. Court rulings (at 2016, 105139, lawsuits filed for the removal of building);

1. Application of the business registration certificate (A business registration), the E account transaction details, and the F Account Transaction Details Acts and subordinate statutes;

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. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. Determination as to the assertion of the Defendant and the defense counsel under Article 186(1) of the Criminal Procedure Act

1. Whether the defendant is liable to pay wages;

A. 1) The Defendant and the defense counsel’s assertion 1) the Defendant and the Defendant individually employed and work E and F on March 2015, and paid wages. As such, the Defendant and the defense counsel are liable to pay wages to I.

arrow