logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2014.12.16 2014고단5711
근로기준법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The defendant is the D representative in Seongbuk-gu, Sungnam-si, who has run a service business (construction cleaning) using three regular workers.

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

Nevertheless, the Defendant, as indicated in the attached list of crimes, worked in the E-building site in Seoul Jung-gu, Seoul, from January 1, 2006 to August 29, 2013, as shown in the attached list of crimes.

Wages of retired workers F, 7,853,580 won and ② Labor at the above site from January 1, 2003 to April 30, 2014.

Wages of retired workers G was not paid KRW 10,106,470 within 14 days from the date when the grounds for payment occurred without any extension agreement between the parties on the date of payment.

Summary of Evidence

1. Partial statement of the defendant;

1. The police statement of H;

1. Determination as to the Defendant and defense counsel’s assertion of each fact-finding certificate F and G

1. Health insurance premiums, pension premiums, employment insurance premiums, etc. to be borne by workers among the alleged wages are withheld and deducted by employers under relevant Acts and subordinate statutes;

Of the overdue wages in arrears stated in the facts charged, the amount of obligation to withhold should be excluded from the employer.

2. In relation to the payment of wages, Article 43(1) of the Labor Standards Act provides that “wages shall be paid in full directly in currency to workers: Provided, That wages may be partially deducted or paid by means other than currency if there are special provisions in statutes or collective agreements.”

Article 77 (1) 1 and (3) of the National Health Insurance Act shall be liable for the employer to pay the insurance premiums out of the insurance premiums of the employee insured, and in such cases, the employer shall pay the insurance premiums by deducting the amount of the insurance premiums to be borne by the employee insured from the remuneration.

arrow