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(영문) 의정부지방법원 고양지원 2017.03.10 2017고단2
근로기준법위반
Text

Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is the employer who employs 10 full-time workers as the K representative located in J in the case of Pakistan and operates book work.

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

Nevertheless, the Defendant did not pay L 2,579,31 won in total for March 1, 2016, within 14 days from the date of retirement, without an agreement on extension of payment deadline.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the genuine petition;

1. Article 109 of the relevant Act concerning criminal facts, Articles 109 (1) and 36 of the Standards for Optional Labor, and the selection of fines;

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

1. The charges of violating the Labor Standards Act that the Defendant did not pay wages to B, C, D, E, F, G, H, and I as stated in the list of offenses committed in the separate sheet of offenses, and the charges of violating the Labor Standards Act that the Defendant did not pay wages to B, C, D, E, F, G, H, and I within 14 days from the date of retirement can not be prosecuted against the victim’s express intent under Article 109(2) of the Labor Standards Act.

Therefore, since the above victims withdrawn their intention to punish the defendant, the prosecution against the above victims is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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