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(영문) 창원지방법원 거창지원 2018.01.12 2017고정69
근로기준법위반
Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is an employer who engages in agricultural business by employing two full-time workers at a farm of sonship located in the Gyeongnam Development Group B.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred.

Nevertheless, the Defendant did not pay the total of 6,610,100 won of three workers who worked at the above ancillary farm, as described in the list of crimes in the attached Form, within 14 days from the date of retirement, to 14 days from the date of the retirement without agreement on the extension of the payment deadline, to Cambodian’s wage of KRW 2,551,00,00, which was worked at the above ancillary farm from March 12, 2015 to August 14, 2015.

Summary of Evidence

1. A protocol concerning the examination of suspect of the special judicial police officer against the accused;

1. Each police statement made to D, E, or C;

1. Each petition of D, E, and C;

1. Instructions on correction of violations of labor-related Acts;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Article 109 (1) and Article 36 of the Act on the Standards for Relevant Acts concerning facts constituting an offense, and Articles 109 (1) and 36 of the Labor Standards Act, and selection of fines;

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

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;

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