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(영문) 대구지방법원 김천지원 2018.03.20 2018고정8

근로기준법위반

Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is the employer who is running the manufacturing and wholesale business by employing five full time workers as the representative director of C, a corporation in the old and American City B.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money or 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.

Nevertheless, on October 1, 2016, the Defendant did not pay KRW 1,00,00,000 in June 1, 2016, wages of KRW 2,000,000 in July 2016, and wages of KRW 2,00,000 in August 2016, wages of KRW 2,000,000 in September 2016, total, KRW 7,000,000 in total, and KRW 7,000 in September 20, 2016, without agreement between the parties on the extension of the payment period between the parties.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D;

1. Article 109 of the relevant Act concerning criminal facts, Articles 109 (1) and 36 of the Standards for Optional Labor, and the selection of fines;

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;