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(영문) 의정부지방법원 2018.07.12 2018고정668
근로기준법위반
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

The defendant is the representative of the C located in Spocheon City, who runs a household manufacturing business by employing two full-time workers.

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.

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

Nevertheless, the defendant employed from July 3, 2017 to August 24, 2017 at the above workplace and did not pay KRW 2,612,903 in total as wages of KRW 1,50,000 on July 7, 2017, and of KRW 1,112,903 on August 2017 within 14 days from the date of retirement without any agreement between the parties on the extension of payment dates.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Application of Acts and subordinate statutes governing fact-finding, including telephone;

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

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act in the order of provisional payment appears to have received wages through a small amount substitute payment system, or the fact that the defendant is not a direct payment of wages, and other punishment shall be determined by taking into account the age, sex, environment, etc. of the defendant;

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