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(영문) 서울중앙지방법원 2018.11.30 2018고정1365
근로기준법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The defendant is the actual manager of Co., Ltd. in the 6th floor of Gangnam-gu Seoul Metropolitan Government B building, who is a user who uses seven full-time workers and operates red bonds research and development business.

When a worker retires or dies, an employer shall pay wages, compensations, and other money and valuables within 14 days from the date on which the cause thereof occurred.

Provided, That the payment date may be extended by an agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant did not pay the monthly wage of KRW 3,769,230 as well as KRW 23,871,790 as the monthly wage of KRW 1,256,410 as from May 24, 2014 to October 10, 2014 and KRW 23,871,79,790 as from November 24, 2014, without any agreement between the parties on the extension of the due date for payment between the parties.

Summary of Evidence

1. Statement by the defendant in court;

1. Legal statement of the witness D;

1. Statement made by the police petitioner against D;

1. Written petition of D;

1. Application of Acts and subordinate statutes to a labor contract, post-management list at the time of retirement, inquiry of transaction details, and details of use of transportation cards;

1. Article 109 (1) and Article 36 of the Act on the Standards for Preliminary Labor for Criminal Facts and Articles 109 (Selection of Punishment) of the same Act;

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

3. Judgment on the assertion of the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act (the grounds for conviction) of the Criminal Procedure Act

1. With respect to wages from July 2014 to November 201, 2014, the summary of the claim is that workers D did not provide the labor stipulated in the labor contract and worked for more than half of the total amount of the facts constituting the crime.

2. The following circumstances acknowledged by the evidence duly adopted and investigated by this Court, i.e., the fact that D is absent from office or fails to abide by working hours in this court and investigative agency.

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