logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2017.05.30 2016고정3643
근로기준법위반
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

The defendant is a person who is a manager of D in Seocho-gu Seoul Metropolitan Government, Seocho-gu and the first floor and is a user who ordinarily employs 11 workers and operates a restaurant business.

1. When a worker retires, an employer shall pay the wages, etc. within 14 days from the date on which the grounds for such payment occurred, unless there exists an agreement extending the payment deadline;

Nevertheless, the Defendant did not pay KRW 420,00 to November 28, 2015 of E’s work at the above workplace from August 31, 2015 to November 28, 2015, and did not pay KRW 4,577,626 of the total wages of four retired workers who worked in the same manner as 2,3,4, and 6 E’s list of crimes in attached Form 2,3,4, and 6, within 14 days from the date of the retirement without any agreement between the parties on the extension of the payment deadline.

2. Where a business owner suspends his/her business due to reasons attributable to the employer, the employer shall pay the workers allowances of at least 70 percent of their average wages during the period of suspension;

However, with respect to F working hours from August 12, 2015 to February 7, 2016, the Defendant suspended business due to a building owner lease from December 1, 2015 to February 7, 2016, but did not pay KRW 3,625,090 for business suspension allowances on December 25, 2015, which is the date of the regular wage payment, as shown in the table of the crimes in the attached Table No. 6 attached hereto, as well as paying KRW 1,288,00 for business suspension allowances on December 25, 2015, when the business suspension is suspended due to a building owner lease contract from December 1, 2015 to February 7, 2016.

Summary of Evidence

1. Statement of the defendant in the second public trial records;

1. Each police statement made to G, H and I;

1. Each written complaint, written complaint, and written complaint;

1. Submission of genuine details, submission of details of passbook transactions, submission of text messages, and application of Acts and subordinate statutes on factual verification, such as each telephone;

1. Relevant legal provisions concerning criminal facts, Articles 109(1) and 36 of the Standard Labor Standards Act (the point of overdue payment of wages after retirement), Articles 109(1) and 46(1) of the Standard Labor Standards Act (the point of overdue payment of business suspension allowances) concerning each of the above facts, and the choice of each fine.

arrow