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(영문) 대구지방법원 경주지원 2019.07.25 2019고단277

근로기준법위반등

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, as the representative of the (ju) E in Do, is an employer who runs the manufacturing business using 23 full-time workers.

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.

Nevertheless, the defendant works in the above workplace.

On June 1, 2018, the total amount of KRW 5,160,000 of the wages in arrears of a retired worker F was not paid within 14 days from the date of retirement.

Summary of Evidence

1. Defendant's legal statement;

1. The document of F;

1. Application of the F related Acts and subordinate statutes of a written confirmation of delayed payment of wages;

1. Article 109 (1) and Article 36 of the Labor Standards Act concerning criminal facts, Articles 109 (1) and 36 of the Act on the Selection of Punishment, and Selection of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334(1) of the Criminal Procedure Act of the provisional payment order provides that the amount of unpaid wages, etc. (5.1.60,000 won), unpaid wages, etc. are paid as substitute payments; the current contact with F is interrupted; criminal records, etc.; and all of the sentencing conditions, including the criminal records, etc., the criminal defendant’s age, character and conduct, and circumstances after the crime, shall be determined as per the disposition.

Public Prosecution Rejection Parts

1. The summary of the facts charged is that the Defendant, as the representative of the (ju) E in the racing-si, runs the manufacturing business using 23 full-time workers. A.

When a worker dies or retires, the employer in violation of the Labor Standards Act shall pay the wages, compensations, and other money or valuables within fourteen days after the cause for such payment occurred.

Nevertheless, the defendant works in the above workplace.

Around June 1, 2018, two workers, including the total amount of wages in arrears of a retired worker B, 5,156,437, and the total amount of wages in arrears of a retired worker C around August 8, 2018, including the total amount of wages in arrears of a retired worker C, 12,391,470, from the date of each retirement, shall be 14 days from the date of each retirement.