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(영문) 창원지방법원마산지원 2020.12.22 2020고정340

근로기준법위반

Text

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

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The defendant is a person in charge of the management of the steel structure manufacturing business using five full-time workers as the actual representative of the Dispute Resolution Co., Ltd. in Haak-gun, Gyeongnam-gun, and is a business owner.

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 is in charge of production management from October 1, 2019 to March 4, 2020 at the above workplace.

D's wages of 4,00,000 won in February 2020 and wages of 516,128 won in March 2020 and 4,516,128 won in March 202 were not paid respectively within 14 days from the date of retirement when the cause occurred without an agreement between the parties on the extension of the payment date.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes on the benefit ledger of February 2020

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. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Scope of applicable sentences under law: Fines of 50,000 to 30 million won;

2. Non-application of the sentencing criteria: Non-application of the sentencing criteria by selecting fines;

3. Opinions of the prosecutor: Fines of 700,000 won.

4. The Defendant, who was sentenced to a sentence, did not pay the total of KRW 4,516,128 for one employee.

In full view of the fact that wages are not paid in the situation where a claim for damages is filed against workers, that the Defendant did not pay wages, that is, the Defendant does not have previous record, and that the amount of fines prescribed in the summary order is appropriate as it is, given that the amount of fines prescribed in the summary order is appropriate, given that the Defendant’s age, character, environment, relationship to workers, motive, means and consequence of the