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(영문) 전주지방법원 군산지원 2017.07.05 2017고정64

근로기준법위반

Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

The defendant is an individual entrepreneur residing in the North Gun/Si of North Korea who runs a construction business with 20 full-time workers.

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 payment date may be extended by an agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant did not pay the amount of KRW 1,50,000 in October 2, 2015, which was retired from the said place of business from February 2, 1998 to October 31, 2015, within 14 days from the date of retirement without agreement between the parties on the extension of the payment deadline.

Nevertheless, the Defendant retired from office from office from February 7, 2015 to February 17, 2016 at the site of a new housing construction project in Gunsan-si, as well as KRW 2,210,000 in total of six workers, as shown in the separate crime list, did not pay 7,560,000 in total within 14 days from the date of retirement without agreement between the parties to the extension of the payment deadline.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of F, G, H, and I;

1. Each police statement made to I, A, and E;

1. Application of Acts and subordinate statutes to each written appeal, and to report the acquisition of internal investigation data;

1. Relevant Article 109 (1) and 36 of the Act on the Standards of Employment and Selection of Punishment for Criminal Facts, Articles 109 (1) and 36 of the same Act, and the selection of fines for negligence;

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;