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(영문) 서울중앙지방법원 2014.05.16 2014고정436
근로기준법위반
Text

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

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

Reasons

Punishment of the crime

When a worker retires, the employer shall pay all money and valuables, such as wages, within 14 days from the date of retirement, unless otherwise agreed by the parties concerned about the extension of the due date for payment.

The Defendant of the Jongno-gu Seoul Metropolitan Government 2014 high-level 436 is the user who operates the original wholesale chain D by using five full-time workers in C market Cdong 335 in Jongno-gu Seoul Metropolitan Government.

The Defendant served in the pertinent workplace from October 24, 2012 to March 6, 2013, and did not pay KRW 55,600,00 as wages for December 2012, 2012, monthly wage of KRW 1,60,000, monthly wage of KRW 1,800,000, monthly wage of February 2013, and KRW 4,175,600 as wages of March 2013 to KRW 720,00 within 14 days from the date of retirement without agreement between the parties to the extension of the due date.

The defendant of the Jongno-gu Seoul Metropolitan Government 2014 Highise 1012 is the user who operates the original wholesale chain D by using two full-time workers in C market Cdong 335 of the Jongno-gu Seoul Metropolitan Government.

The Defendant did not pay KRW 700,00,000 as wages for December 2, 2012, monthly wage of KRW 1,800,000, monthly wage of KRW 1,800,000, monthly wage of February 2013, monthly wage of KRW 1,100,000, monthly wage of KRW 1,450,000, monthly wage of April 2013, and KRW 1,450,000 as wages for April 2013, and monthly wage of KRW 1,80,000,000 as wages for May 2013, 2013; and KRW 8,650,000 as wages for KRW 8,650,00 from the date of retirement without any agreement between the parties to the payment.

Summary of Evidence

[2014 fixed 436]

1. Defendant's legal statement;

1. Statement to E by the police;

1. Details of confirmation of fact, such as telephone, etc.

1. Defendant's legal statement;

1. A written statement;

1. Application of the Acts and subordinate statutes governing the details of arrears;

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 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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