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(영문) 창원지방법원 2018.11.02 2018고정476

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 “C” restaurant in the old city of Changwon-si, and is an employer who engages in food-related business by using one full-time worker.

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.

Nevertheless, the Defendant did not pay KRW 1,130,000 of wages of workers D on January 14, 2018 to January 31, 2018 within 14 days from the date of retirement, which is the date of payment, without agreement between the parties on the extension of the payment period.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Relevant legal provisions and Articles 109(1) and 36 of the former Labor Standards Act concerning criminal facts (amended by Act No. 15108, Nov. 28, 2017)

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

1. When considering the fact that the wage of a worker with the reason for sentencing of Article 334(1) of the Criminal Procedure Act is for his livelihood, the defendant's failure to pay the wages of the worker without permission in excess of the liquidation of labor relations on the ground of his/her neglect of work, etc. is not an exception to the case.

However, the defendant recognized a mistake and reflects it.

The amount of delayed money and valuables is relatively small.

Until now there have been no criminal conviction or suspended execution.

In addition, the sentencing conditions, such as the age, sex, environment, circumstances, and circumstances after the crime, shall be comprehensively considered, and the punishment shall be determined as per the order.