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(영문) 창원지방법원 2021.02.03 2020고정582

근로기준법위반

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The defendant is an employer who runs an advertising agency business using eight full-time workers who are the representative interest of the building B and D in Yangsan City.

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

Provided, That the date may be extended by mutual agreement between the parties in extenuating circumstances.

Nevertheless, the defendant in the above workplace from January 2, 2019 to the same year.

2. 8. He/she retired from office as an advertising agency by January 3, 2019; F’s wages of KRW 1,50,000,00 for January 3, 2018; and from December 3, 2018 to February 8, 2019; F’s wages of KRW 1,354,839 for December 2018; KRW 1,500,000 for January 2019; and KRW 4,783,410 for two retired workers, including KRW 4,783,410 for February 4, 2019, without an agreement between the parties on the extension of the payment period between the parties.

Summary of Evidence

1. A protocol concerning the examination of suspect prepared by a special judicial police officer against the accused;

1. Application of Acts and subordinate statutes to written complaint and petition;

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

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. The punishment as ordered shall be determined by taking full account of all the various circumstances, including the Defendant’s age, sex, environment, motive, means and consequence of the crime, and the circumstances after the crime, including the record of the same punishment for the reason of sentencing under Article 334(1) of the Criminal Procedure Act, the Defendant’s unfaithful attitude, and the fact that a small amount of substitute payment was partially paid.