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(영문) 전주지방법원 군산지원 2015.10.02 2015고정271

근로기준법위반

Text

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

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

Reasons

Punishment of the crime

The defendant is a user who runs a manufacturing business, such as wind power generation parts, using two full-time workers in Gunsan-si B.

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

The Defendant, while working in the foregoing workplace on July 20, 2014, did not pay the amount of KRW 1.8 million to the retired workers D on July 22, 2014, and the same day, within 14 days from the date of retirement, without any agreement between the parties on the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement in E, D, C, F, and G among the prosecution examination protocol concerning E;

1. A copy of each police statement with respect to C and D;

1. Application of Acts and subordinate statutes to C or D's respective copies of complaint;

1. Relevant Articles 109 (1) and 36 of the Labor Standards Act and Article 30 of the Criminal Act concerning 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 for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order recognizes all the crimes in this court, and the fact that each of the damaged workers paid wages of KRW 1.5 million is favorable to the defendant.

However, in full view of the fact that the Defendant was at risk of criminal complaint due to the delayed payment of wages from the victimized workers, and that there is no good circumstance after the crime, such as trying to transfer his/her responsibility to another person by means of preparing a false labor contract in the name of another company, and that there seems to be no genuinely contrary to the fact that the victimized workers want to pay part of the overdue wages to the victimized workers during the investigation process, and thus, the amount of fine for the summary order is excessive.