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(영문) 창원지방법원 마산지원 2017.06.08 2017고정200

근로기준법위반

Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

The defendant is an employer who is a representative of Hamnam-gun B, who runs a manufacturing business of steel structures using ten full-time workers in the name of 10 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 occurs.

Provided, That if there are special circumstances, the date may be extended by an agreement between the parties.

Nevertheless, the Defendant did not pay KRW 2,495,00,00, total of D’s wages of February 2, 2012 and wages of KRW 385,00 in March 2012, within 14 days from the date of retirement without an agreement between the parties to the extension of the payment date, which had been employed in contact with the above workplace from January 27, 2012 to April 12, 2012.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Article 109 (1) and Article 36 of the Act on the Standards for Preliminary Labor for Criminal Facts and Articles 109 (Selection of Punishment) of the same Act;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;