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Reasons
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(영문) 광주지방법원 2016.10.07 2016고정1318
근로기준법위반
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1. The defendant shall be punished by a fine of 3,500,000 won;

2. Where the defendant does not pay the above fine.

Reasons

Punishment of the crime

The defendant is the representative of Seo-gu AR in Gwangju, who is an employer who runs buying agency services using 20 full-time workers.

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

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

The defendant of "2016 Highly 1318" work in the above workplace from August 17, 2015 to November 25, 2015.

AS’s wage of KRW 1,00,000 on September 2015 and KRW 8,719,000,000 for three workers as shown in attached Table 1 of Crimes List, did not pay each of them for the lapse of 14 days from the date of retirement without an agreement on the extension of the due date between the parties concerned.

The defendant of "2016 Highly 1319" work in the above workplace from September 13, 2015 to October 14, 2015.

The retirement AT did not pay 4,573,600 won in total, including 1,100,000 won in wages on October 2015, 2015 and 4,573,600 won in total, as shown in the attached Table 2 of the Crimes List.

The defendant of "2016, 1324" shall work for the defendant from August 13, 2015 to October 1, 2015 at the same place of business.

The retired FF's wage of KRW 300,000 on August 8, 2015 and wage of KRW 1,400,000 on September 2015 did not pay 14 days after the date of retirement without an agreement on the extension of the due date between the parties concerned.

Summary of Evidence

[2016 High Court Decision 1318]

1. Defendant's legal statement;

1. Each police statement of the AU and AV (the respondent);

1. AS's written statement;

1. Details of the payment of wages and revision of the wages in arrears (No. 2016 fixed term 1319);

1. Defendant's legal statement;

1. The protocol of statement of the police officer with regard to AT (2016 high-level 1324);

1. Defendant's legal statement;

1. A written statement;

1. Application of Acts and subordinate statutes on investigation reports (verification of overdue wages);

1. Criminal facts;

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