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(영문) 춘천지방법원 2013.12.12 2013고정514
근로기준법위반
Text

Defendant

A shall be punished by a fine of KRW 1,000,000.

Defendant

If A does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

Defendant

A is an employer who operates a bak manufacturing company F. by employing 20 full-time workers in Hongcheon-gun E.

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

Defendant

A worked in the said workplace from March 1, 201 to December 10, 2011 at the said workplace, and had retired workers G from the said workplace and had not paid KRW 4,423,680, the total amount of wages from March 1, 2011 to December 2, 2011, and KRW 702,774, the aggregate of wages from August 31, 201 to October 17, 2012, and had retired workers H paid KRW 702,74, the aggregate of wages from August 8, 2012 and October 2012 within 14 days from the date on which the cause for the payment occurred, without any agreement between the parties on the extension of the due date.

Summary of Evidence

1. Defendant A’s legal statement

1. Application of each statute to the statement of G and H

1. Article 109 (1) and Article 36 of the Labor Standards Act applicable to the relevant criminal facts and Articles 109 (1) and 36 of the same Act;

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

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

1. The dismissal part of the prosecution under Article 334 (1) of the Criminal Procedure Act

1. Summary of the facts charged

A. Defendant A is an employer who operates a bbre manufacturing company F. by employing 20 full-time workers in Hongcheon-gun E.

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

Defendant

A In the above workplace from June 18, 2012 to June 22, 2012, a retired worker C who had worked from the above workplace from June 18, 2012, and had worked from July 4, 2012 to October 4, 2012, wages of KRW 1,080,000 of the retired worker D and wages of KRW 206,695 on October 10, 2012, without an agreement between the parties on the extension of the due date for payment between the parties, each of them is within 14 days from the date on which the cause for payment occurred.

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