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(영문) 창원지방법원 마산지원 2020.05.26 2020고정93

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, as the representative of the KH in the Haak-gun, is an employer who is a business management officer operating the steel structure manufacturing business using two full-time 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 in special circumstances, the date may be postponed by an agreement between the parties.

Nevertheless, the defendant is working in the above workplace from April 2, 2019 to April 19, 2019.

A retired I’s wages of KRW 1,251,250 of April 2019, as well as KRW 1,59,375 won, 1,096, 875 1,251,250 + 250 + 251,250 of the wages of three workers, as shown in attached Table 1-3, was not paid within 14 days from the date of the occurrence of the cause for payment, without any agreement between the parties to the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to I, J, and K;

1. Application of the respective Acts and subordinate statutes of K, I and J

1. Relevant Articles 109(1) and 36 of the Labor Standards Act and the choice of fines for criminal facts;

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 to attract a workhouse;

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Scope of applicable sentences under law: Fines of 50,000 to 45 million won;

2. Non-application of the sentencing criteria: Non-application of the sentencing criteria by selecting fines;

3. Sentenced public prosecutor: Fines of 700,000 won.

4. The Defendant, who was sentenced to sentence, did not pay three workers wages of KRW 3,59,375.

However, the defendant recognizes the crime.

There is no malicious reason for failure.

There shall be no criminal records exceeding the previous and fine for the defendant.

The age, character and conduct, environment, motive, means, results, circumstances after the crime, etc. of the accused.