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(영문) 서울남부지방법원 2017.08.17 2016고단5372
근로기준법위반등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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 E in Yongsan-gu Seoul Metropolitan Government (g) and is a user who ordinarily employs three workers.

1. An employer, such as delivery of a written labor contract, shall deliver workers a written document specifying wages, prescribed working hours, holidays, paid leave, and other working conditions when concluding a labor contract;

The Defendant entered into a labor contract with G workers G on January 13, 2014, and with H on January 2, 2015, and did not deliver a document specifying wages, etc.

2. Where an employee dies or retires, an employer unpaid such as wages, etc. shall pay the wages, compensations, retirement allowances, and all other money and valuables within 14 days from the date on which the grounds for such payment occurred, unless the parties have agreed to extend the payment deadline.

The Defendant did not pay KRW 21,200,000 of unpaid wages to G that retired from the said workplace from January 13, 2014 to June 4, 2015, within 14 days from the date of retirement without agreement between the parties on the extension of the payment deadline, and did not pay KRW 31,617,688, total amount of unpaid wages, etc. to G and H, as shown in the attached crime list, as shown in the attached crime list, within 14 days from the date of retirement, without agreement between the parties on the extension of payment deadline.

Summary of Evidence

1. Each legal statement of witness I, G and H;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Each police statement made to G and I;

1. Recording notes of each witness examination (I, G, and H);

1. A copy of the details of entry into and withdrawal from a corporate passbook (60-137 pages of investigation records), and inquiry of transaction details (150 pages of investigation records);

1. Egress from the J conversation (234-238 pages of investigation records);

1. Recording records (251 to 260 pages of investigation records);

1. Application of one copy of the judgment (at least 541~544 of investigation records)

1. Article 109(1), Article 36, Article 114 subparag. 1, and Article 17 of the Labor Standards Act concerning criminal facts; Article 44 subparag. 1, and Article 9 of the Act on the Guarantee of Workers’ Retirement Benefits;

1. Commercial concurrence;

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