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(영문) 광주지방법원 2019.05.16 2019고정65
근로기준법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The defendant is an actual manager of the E located in Seo-gu, Seo-gu, Gwangju, who operates general restaurants using two regular workers.

When a worker retires, the employer shall pay all money and valuables, such as wages, within 14 days from the date of retirement, unless there exists an agreement between the parties on the extension of the date.

Nevertheless, the Defendant, at the above workplace from February 19, 2018 to April 14, 2018, did not pay KRW 1,200,000 of the F who provided labor to the said workplace within 14 days from the date of retirement without an agreement on the extension of the due date between the parties, and did not pay KRW 5,701,470 in total for four retired workers within 14 days from the date of retirement, as described in the attached Table No. 3 to No. 6 of the date of the crime list.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the special judicial police officer against F, G, and H;

1. A written statement of I;

1. A complaint, each copy of the petition (including attached documents);

1. Application of Acts and subordinate statutes to a set copy and a detailed statement of overdue money and valuables;

1. Article 109(1) of the former Labor Standards Act (amended by Act No. 15108, Nov. 28, 2017); Article 36 of the Labor Standards Act; and selection of fines on criminal facts

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

Public Prosecution Rejection Parts

1. The summary of this part of the facts charged is the violation of the Labor Standards Act that the Defendant did not pay KRW 5,382,570, the total amount of wages of B and C provided labor to E in its operation, as stated in the separate sheet Nos. 1 and 2 of the annexed sheet of crime.

2. Determination

A. The crime of non-compliance: Article 109(2) of the Labor Standards Act, and the Gu.

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