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(영문) 창원지방법원 통영지원 2017.01.19 2016고단307
근로기준법위반등
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Defendant shall be punished by a fine of KRW 3,500,000.

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

Reasons

Punishment of the crime

The defendant of "2016 Highest 307" is a business owner who employs 10 full-time workers as the representative of H located in G in macro-si and engages in the manufacturing industry (chemical cleaning and processing).

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

Nevertheless, the Defendant did not pay the total amount of KRW 21,40,000 for five workers within 14 days from the date of retirement without agreement on the extension of the payment date between the parties, as stated in attached Table 1, No. 1, 2, 4, 5, and 6, including the amount of KRW 3,410,000 for January 30, 2015 of the employee I retired from office on December 5, 2014.

The defendant of "2016 Highest 1020" is a business owner who engages in manufacturing and processing business using ten full-time workers under the trade name of H from G in macro-si.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money and valuables within 14 days from the time when the cause for such payment occurred, but the Defendant did not pay the total of 10,810,000 won of the wages of four workers within 14 days from the date of each retirement without any agreement on the extension of the payment date between the parties, as described in the attached Table 2 Nos. 4 through 7, including the amount of wages of November 19, 2015 to December 1, 2015 at the above workplace and the amount of wages of 3,180,000 won of the JJ’s retirement.

Summary of Evidence

"2016 Highest 307"

1. Statement by the defendant in court;

1. Statement made to I by the police;

1. A written complaint and a written complaint;

1. A written statement of payment of wages and a detailed statement of payment of wages "20 high group 1020";

1. Statement by the defendant in court;

1. Each police statement concerning J, K, L, and M;

1. Application of each statute on filing of a complaint;

1. Articles 109(1) and 36 of the Act on the Standards of Employment for Specific Crime and the Selection of Punishment.

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