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(영문) 대구지방법원 2017.01.18 2016고정2403

근로기준법위반

Text

Defendant shall be punished by a fine of KRW 500,000.

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 the representative of the Dispute Resolution Co., Ltd. in Gyeonggi-si, and is an employer who runs a construction business with four to five 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 in special circumstances, the date may be extended by mutual agreement between the parties.

Nevertheless, the Defendant worked between May 25, 2016 and June 10, 2016 and retired workers D’s wages of 720,000 won in May 2016 and 1.80,000 won in total, including wage of 1,80,000 won in June of the same year and wage of 1,080 won in June of the same year, and retired workers E’ retirement from May 26, 2016 to May 30, 2016, and did not pay 2,40,000 won in total, including wage of 60,000 won in May 25, 2016 to workers E, within 14 days from the date on which the cause for payment occurred without an agreement between the parties on the extension of the payment date.

Summary of Evidence

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

1. Statement made by each special judicial police officer against D or E;

1. Written complaints and complaints filed by D and E;

1. Application of each statute on particulars of letters;

1. Relevant Articles 109 (1) and 36 of the Labor Standards Act concerning facts constituting a crime and Articles 109 (1) and 36 of the same Act concerning the selection of punishment;

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;