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(영문) 서울서부지방법원 2019.06.14 2019고단569
근로기준법위반등
Text

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

However, the above sentence shall be executed for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the representative of the F Co., Ltd. in Mapo-gu Seoul Metropolitan Government E and the second floor and is a user who conducts a service business (the planning of events) by using 15 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 June 24, 2018 to August 1, 2018 at the above workplace and had not paid KRW 1,280,000 of the retired workers G in July 2018 within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without any agreement between the parties on the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. G statements;

1. Application of the Acts and subordinate statutes concerning transaction details of passbooks, employment contracts and letters;

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. Article 62 (1) of the Criminal Act (including the first crime, the circumstances to be considered in the event that the payment is not made, and the substitute payment is paid);

1. The part concerning the dismissal of public prosecution under Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day)

1. Summary of the facts charged

A. The Defendant is working from August 1, 2016 to July 31, 2018 at a workplace with criminal facts stated in the judgment.

A retired worker B’s total of KRW 6,575,00 including KRW 2,40,00 in June 2018 and KRW 18,068,548 in total including three retired workers’ wages, etc., as shown in the attached Table of Crimes List, did not pay them within 14 days from the date of each retirement, which is the date on which the cause for the payment occurred, without any agreement between the parties on the extension of the due date.

B. The Defendant is working in the foregoing workplace from August 1, 2016 to July 31, 2018.

The retirement allowance of retired workers B, as shown in the attached list of crimes, including KRW 5,078,804.

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