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(영문) 제주지방법원 2017.09.13 2015고단219

근로기준법위반등

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 of "2015 Highest 219" is the representative of Jeju City C and D in underground floors, who ordinarily employs seven full-time workers and operates indoor architectural business.

An employer shall perform the order for remedy finalized by failing to file an application for reexamination or to institute an administrative litigation on the remedy order of the Regional Labor Relations Commission.

The Defendant, on March 12, 2014, failed to file an application for reexamination with the National Labor Relations Commission for an order for remedy issued by the Jeju Special Self-Governing Province to reinstate the worker E to the original position, and to pay the amount equivalent to the wages that would have been paid if the worker E works normally during the period of dismissal, on April 5, 2014, even though the order for remedy was finalized on May 14, 2014, the Defendant returned the above Party E to the National Labor Relations Commission and failed to comply with the order for remedy due to the failure to pay the amount equivalent to the wages.

Summary of Evidence

1. Partial statement of the defendant;

1. E statements;

1. Accusation against non-performance of the confirmed remedy order;

1. A written award;

1. Application of Acts and subordinate statutes to replys to DNA petitions and written opinions;

1. Article 11 of the relevant Act concerning criminal facts, Articles 111 and 31 (3) of the Standards for elective Labor, and selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The part dismissing a public prosecution under Article 334(1) of the Criminal Procedure Act against the order of provisional payment

1. The Defendant, as the representative of Jeju City C and D in underground floors, is an employer who runs indoor construction business using seven full-time workers.

(a) An employer shall, if a worker retires, pay the wages, compensations, and all other money or valuables within 14 days after the cause for such payment occurred;

The Defendant’s retirement date on May 201, 200 won (1,535,00) of E, who retired from the said workplace from November 1, 2012 to May 31, 2014, without agreement between the parties on the extension of the due date for payment of money and valuables.