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(영문) 서울서부지방법원 2016.04.27 2015고단2437
근로기준법위반
Text

Defendant shall be punished by a fine of KRW 700,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is an individual constructor who resides in Eunpyeong-gu Seoul Metropolitan Government and 910 Dong 105, and an employer who executes electrical construction at a newly-built officetel located in Yongsan-gu Seoul Metropolitan Government, using five regular workers.

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

Nevertheless, the Defendant had worked from November 1, 2014 to November 28, 201 of the same year at the above site and had not paid the total of KRW 6,250,000 to four workers within 14 days from the date of retirement.

* The details of personal arrears: E 1,600,000 won, F 1,725,000 won, G 1,600,000 won, and a summary of the evidence of H 1,325,00 won

1. Statement by the defendant in court;

1. Application of respective Acts and subordinate statutes of E, H, G, and F;

1. Article 109 (1) and Article 36 of the Act on the Standards for Relevant Acts concerning facts constituting an offense and Articles 109 (Selection of Punishment) of the Labor Standards Act;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

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