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(영문) 서울중앙지방법원 2016.11.09 2016고정2628
근로기준법위반
Text

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

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The defendant is the actual operator of the second floor in Gwanak-gu in Seoul Special Metropolitan City, who is a user who operates a facility business (urban development project) with three regular workers.

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

Nevertheless, the Defendant served from June 4, 2015 to December 7, 2015 at the foregoing place of business and retired from the said place of business and did not pay KRW 1,700,000 in October 2015, the monthly wage of KRW 1,700,00 in November, and KRW 4,212,870 in December, and KRW 812,870 in December, without any agreement on the extension of the payment date between the parties concerned, within 14 days from the date on which the cause for payment occurred.

Summary of Evidence

1. Statement by the defendant in court;

1. A written petition (D);

1. Application of the police statement law to D;

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. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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