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(영문) 창원지방법원 밀양지원 2017.10.24 2017고정50
근로기준법위반
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

The defendant is a person in charge of business management who operates a construction business with 12 full-time workers as the representative director of the joint-time company in Changwon-si, Changwon-si 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.

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

Nevertheless, the Defendant did not pay the total amount of KRW 39,150,000 paid to the nine employees as well as KRW 4,750,000 paid for November 1, 2015, when he/she worked in the construction site of the complex construction site of Da, Gyeong-gun, Gyeong-gun, Gyeongnam-gun, who was executed at the above workplace, to February 27, 2016, as well as KRW 39,150,000 in the attached Form, without agreement on the extension of the due date for payment between the parties, within 14 days from the date of retirement, which is the date on which the cause for payment occurred.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Detailed statement of payment of labor costs for each day and data on the statement of unpaid public demand;

1. Application of the Acts and subordinate statutes to the complaint;

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 the choice 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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