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(영문) 광주지방법원 해남지원 2015.11.12 2015고정67

근로기준법위반

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The defendant is a personal farmer who resides in Jeonnam-gun C and has run an agricultural business with six regular workers.

When a worker retires, the employer shall pay all money and valuables, such as wages, within 14 days from the date of retirement, unless there is an agreement to extend the payment date between the parties concerned.

Nevertheless, the Defendant did not pay the total amount of KRW 9,00,000 for employees within 14 days from the date of retirement, as stated in the detailed statement of wages in arrears for each individual in attached Form, including KRW 2,234,00,00, working in the ship paddy field in Jindo-gun D, Jeonnam-gun from February 23, 2014 to March 11, 2014.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of Acts and subordinate statutes on police statement to E;

1. Relevant Articles 109(1) and 36 of the Labor Standards Act and the choice of fines for criminal facts;

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

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

1. Determination as to the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The defendant and his defense counsel asserted that the F did not provide labor, and the remaining five workers were only employed workers who were employed in the field of the instant paddy field, and that there was no direct employment contract with the defendant.

However, according to the evidence duly adopted and examined by this court, F provided labor in the instant field of worship in which the Defendant cultivated together with other employees, including E, and the Defendant also acknowledged this fact and signed on December 31, 2014. Thus, the above assertion by the Defendant and the defense counsel cannot be accepted.

2. The defendant and his defense counsel in this case are the "business or workplace that employs regular workers" under the Labor Standards Act.