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(영문) 의정부지방법원 2017.05.25 2017고정14

근로기준법위반

Text

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

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

Reasons

Punishment of the crime

The defendant is a representative D in both weeks, who is a full-time worker in C and operates a Chinese restaurant business.

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.

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

Nevertheless, the defendant was in two weeks E

D to F retired from D to June 2, 2012 until August 2, 2013, it did not pay 4,560,000 won in total, including wages of 2.8 million won in July 2, 2013 and wages of 17.60,00 won in August 2, 2013, within 14 days from the date of retirement without any agreement between the parties on the extension of payment period.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes to inquiries about criminal history and reports on the results of previous convictions;

1. Article 109 of the relevant Act concerning criminal facts, Article 109 of the Standards for Optional Labor, and Selection of fines;

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

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act are as follows: (a) the Defendant recognized the criminal facts of the instant case and against his mistake; (b) the Defendant was unable to pay wages due to business difficulties; and (c) the economic situation appears to have not been followed by the impeachment process; and (d) the payment of KRW 1 million out of unpaid wages on November 201, 2013 appears to have been made in favor of the Defendant.

However, the crime of this case, which did not pay the wages of the worker who should be paid the most preferentially, is not less than the nature of the crime in light of the content and method of the crime, the legislative intent of the Labor Standards Act, and has the record of having been punished several times due to the crime of this kind, and the same and similar cases.