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(영문) 서울동부지방법원 2020.04.14 2019고정1234
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

[criminal power] On January 16, 2020, the Defendant was sentenced to a suspended sentence of two years for criminal fraud at the Seoul Eastern District Court on October 10, 202, and the judgment became final and conclusive on January 24, 2020.

【Criminal Facts】

The defendant is the actual manager of C in the fourth floor of Dongdaemun-gu Seoul Metropolitan Government, who runs a children's clothes Internet shopping mall by employing six full-time workers.

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

Provided, That the date may be extended by mutual agreement between the parties in extenuating circumstances.

1. The Defendant did not pay 13,200,000 won for the total wages of six retired workers within 14 days from the date of each retirement, as shown in the attached crime list, including the amount of wages of KRW 1,50,000 in June 10, 2015 to June 9, 2016, as well as the amount of wages of KRW 13,20,000 for retired workers, as described in the attached crime list.

2. The Defendant worked in the foregoing workplace from November 21, 2014 to June 9, 2016, and did not pay 2,90,000,000 each of the retirement allowances of retired workers E, including the retirement allowances of KRW 1,100,000, and the retirement allowances of KRW 1,800,000 from December 15, 2014 to June 9, 2016 of retired workers, without any agreement between the parties on the extension of the due date for payment, within 14 days from each retirement date.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Each police statement concerning G;

1. A written petition;

1. Proxy letter, data from commuting, text, and business registration certificate;

1. Details of confirmation of the fact of telephone, etc. (revision of the details of arrears of H) and data on commuting;

1. A detailed statement of entry into and exit from six-month bankbooks, such as data receipt and report, and E;

1. Previous convictions in judgment: Residents' inquiry and the application of Acts and subordinate statutes concerning investigation reports;

1. Relevant statutes concerning criminal facts: The former Labor Standards Act, respectively, on November 28, 2017.

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