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(영문) 서울남부지방법원 2019.06.17 2018고정802
근로기준법위반
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant is the representative director of the Geumcheon-gu Seoul Metropolitan Government Building B and the Dispute Resolution D, who is engaged in the manufacturing business by employing 30 full-time workers.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money and valuables within fourteen days after the cause for such payment occurred.

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

Nevertheless, the Defendant had worked from September 20, 2016 to November 4, 2016 at the above workplace and had not paid KRW 109,088 to retired workers E within 14 days from the date of retirement without an agreement between the parties to the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of E;

1. Statement of the police statement of E;

1. Application of employment contract Acts and subordinate statutes;

1. Article 109(1) and Article 36 of the Labor Standards Act concerning criminal facts and Articles 109(1) and 36 of the same Act concerning the selection of fines

1. Penalty fine of 100,000 won to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day converted);

1. The portion not guilty under Article 59(1) of the Criminal Act (in addition to the previous convictions of fines on two occasions, there are no criminal records, and the full amount per year is deemed to have been paid to workers) of the suspended sentence

1. The summary of the facts charged is the representative director of Geumcheon-gu Seoul Metropolitan Government building B and the Bank of Bankruptcy D in subparagraph C, who employs 30 full-time workers and operates a manufacturing business.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money and valuables within fourteen days after the cause for such payment occurred.

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

Nevertheless, the defendant was working in the above workplace from September 20, 2016 to November 4, 2016 and retired from office in September 2016.

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