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(영문) 서울북부지방법원 2014.12.05 2014고정2003
근로기준법위반
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

The defendant is the representative of Nowon-gu in Seoul Special Metropolitan City, who runs wholesale and retail business using three regular workers.

An employer shall, if a worker retires, pay all money or valuables, such as wages, within 14 days from the date of retirement unless otherwise agreed by the parties concerned about the extension of the payment period.

Nevertheless, the defendant is working from August 19, 2013 to January 15, 2014 at the above workplace.

A retired worker D's total sum of KRW 1,279,317 on December 12, 2013, and KRW 2,388,060 on January 1, 2014 was not paid within 14 days from the date of retirement without any agreement between the parties on the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to the draft 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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