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(영문) 서울중앙지방법원 2013.06.14 2012고정1734
근로기준법위반
Text

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

If the defendant does not pay the above fine, 50,000 won shall be paid.

Reasons

Punishment of the crime

The defendant is the representative of Seocho-gu Seoul Metropolitan Government 2nd floor D Co., Ltd. who is a door-to-door sales business with six regular workers.

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, but the defendant shall from the date of May 1, 2009 to the same year.

9. On June 6, 2009, workers E who retired while working until 30.30, paid the total of KRW 2,133,960 as wages, KRW 2,133,960 as wages on July 7, 2009, KRW 2,133,960 as wages on August 8, 2009, KRW 8,535,840 as wages on September 2, 2009, and KRW 8,535,840 as wages on September 2, 2009, within 14 days from the date of retirement without any agreement on extension between the parties.

Summary of Evidence

1. Statement made by witnesses E in the seventh trial records;

1. Part of the statement prepared by a special judicial police officer with respect to E/F;

1. Payment certificate;

1. Application of Acts and subordinate statutes of the employment insurance bureau;

1. Article 109 (1) and Article 36 of the Labor Standards Act applicable to criminal facts and Articles 109 (1) and 36 of the same Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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