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(영문) 의정부지방법원 고양지원 2014.12.12 2014고정1198

근로기준법위반

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant is a representative of the C in Ilyang-dong, Busan-si, who is a full-time worker and operates a restaurant (here-type) business using two 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.

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

The Defendant is working in the foregoing workplace from April 28, 2014 to May 8, 2014.

The 806,660 won of the wages of the retired D was not paid within 14 days from the date of retirement without an agreement on the extension of the due date for payment between the parties.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes of D;

1. Relevant Article 109 (1) and Article 36 of the Labor Standards Act concerning criminal facts, and the choice of fines;

1. Articles 70(1) and 69(2) of the Criminal Act (one day: 100,000 won);

1. Pronouncement of a suspended sentence under Article 59(1) of the Criminal Act ( Taking into account all circumstances such as the violation of a person’s fault and the payment of all wages in arrears to workers): It shall be decided as per the Disposition for reasons of a fine of not less than 300,000 won;