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(영문) 서울남부지방법원 2019.11.28 2019고정337
근로기준법위반
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant is an employer who is the representative of the Guro-gu Seoul Metropolitan Government Dispute Resolution Co., Ltd. and operates a management consulting business using 25 full-time workers.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred.

Nevertheless, the Defendant, from April 9, 2018 to May 31, 2018, in the above company, worked in the KAE for the period from April 9, 2018 to May 29, 2018, but in the Defendant company, it did not pay the wages of KRW 1,500,000 in May 2018 and retired from the Defendant company within 14 days from the date of the date of the occurrence of the cause of payment without any agreement on extension of the due date between the parties.

Summary of Evidence

1. Partial statement of the defendant;

1. D's legal statement;

1. Police statement (D);

1. Application of the Acts and subordinate statutes governing correction of violations of labor relations Act;

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. It shall be decided as ordered for the reasons above Article 59(1) of the Criminal Act (the suspension of sentence: fine of 300,000 won, fine of 10,000 won per day of detention in a workhouse) (the victim's actual working day of defendant company is only two days, etc.) of the Criminal Act;

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