logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2015.12.16 2015고정1134
근로기준법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The defendant is a business management officer who conducts an engineering work in the above-site using four regular workers as the D representative director who performs the construction work of the C Complex in Kim Sea-si B, and is an employer.

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 is working as a senior wheels manager from August 1, 2014 to November 30, 2014 at the above construction site.

A retired worker E is working as a traffic signal in the above-site during the working period.

With respect to two retired workers, including retired workers F, the total amount of KRW 10,800,000 for October 2014 and the total amount of KRW 2,700,000 for November 2014 and KRW 10,800 for the total amount of wages in arrears was not paid within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without agreement between the parties to the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to a complaint and a petition;

1. Articles 109 (1) and 36 of the Labor Standards Act concerning facts constituting an offense;

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

3. Articles 70 (1) and 69 (2) of the Criminal Act for the confinement of a workhouse.

4. Article 334 (1) of the Criminal Procedure Act.

arrow