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(영문) 대전지방법원 서산지원 2017.03.17 2016고정249
근로기준법위반등
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

The defendant is the representative director of D Co., Ltd. located in C at the time of the truth, who is engaged in the manufacturing industry with three full-time workers.

When a worker retires, an employer shall pay wages, compensations, and other money or valuables within 14 days from the date on which the cause for such payment occurred.

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

Nevertheless, the Defendant had worked from December 14, 2015 to August 3, 2016 at the above workplace, and had not paid KRW 2,300,000 on June 6, 2016 of the retired employee E, and KRW 2,300,000 on July 7, 2016, and KRW 5,673,30 on August 2016, as well as KRW 1,073,30 on August 1, 2016, within 14 days from the date of retirement without agreement between the parties on the extension of the payment period between the parties.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to verification statements of trade name of the E and the accused;

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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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