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(영문) 서울중앙지방법원 2013.10.29 2013고정1919
근로기준법위반
Text

Defendant shall be punished by a fine of KRW 300,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant is the employer who is the representative of the Gangnam-gu Seoul Metropolitan Government C Building 102 and operates a day-to-day house using eight full-time workers, and the employer shall pay wages, compensations, and all other money and valuables within 14 days from the time when the cause for payment occurred if the worker dies or retires.

The Defendant is working in the foregoing workplace from February 3, 2012 to May 7, 2012.

In February 2012, KRW 1,37,116 for retired workers E, KRW 1,569,659, KRW 1,453,388, KRW 348,813, and KRW 4,843,976 was not paid within 14 days from the date of retirement without agreement on the extension of the payment date between the parties.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Application of Acts and subordinate statutes to confirmation contents of telephone, etc.;

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 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The defendant asserts that the defendant and his/her defense counsel agreed to make a comprehensive wage system with workers E in relation to the claim of the provisional payment order under Article 334(1) of the Criminal Procedure Act.

In principle, when an employer concludes a labor contract, he/she shall determine the basic wages for workers and pay them in addition to the allowances based on such determination. However, in cases where an employer concludes a wage payment contract based on the so-called comprehensive wage system with the content that the total amount of the allowances is determined as a monthly wage or daily wage, or that a certain amount is paid as an allowance, without calculating the basic wages in advance, in consideration of the convenience in the calculation of wages and the nature of the work and the nature of the work, etc., it shall not be disadvantageous to workers in light of all the circumstances.

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