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(영문) 수원지방법원 2019.02.11 2018고정258

근로기준법위반

Text

Defendant shall be punished by a fine of KRW 1,700,000.

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

Reasons

Punishment of the crime

[2018 fixed-term 258] The defendant is a representative of C located in B in terms of harmony and is an employer who runs food business using three regular workers.

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

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

However, the Defendant did not pay the total amount of KRW 700,00 in July 14, 2016 to July 25, 2016, and KRW 1,80,000 in June 21, 2016 to July 23, 2016, and KRW 180,000 in June 2016, and the total amount of KRW 180,00 in July 201, and KRW 1,980,00 in wages, and KRW 1,980,00 in wages, and KRW 1,980,00 in wages, from June 22, 2016 to June 12, 2016 to KRW 30 in total, including KRW 1,680,00 in wages, from June 21, 201 to June 23, 2016 to either party’s retirement without agreement.

[Attachment 2018 [Attachment 2018 High Court Decision 259]

(However, "suspect" is regarded as "defendants"). Summary of evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Application of Acts and subordinate statutes to each authentic statement prepared D, E, and F;

1. Article 109(1) and Article 36 of the former Labor Standards Act (amended by Act No. 15108, Nov. 28, 2017); Article 114 Subparag. 1 and Article 17(2) of the Labor Standards Act (amended by Act No. 15108, Nov. 28, 201);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;