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(영문) 춘천지방법원 강릉지원 2014.06.19 2014고정99
근로기준법위반
Text

Defendant shall be punished by a fine of KRW 1,500,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The defendant is the actual manager of Gangnam-si, B, and C located in the Dong-si, and is the employer who has engaged in food business with six regular workers employed, and the employer shall pay wages, compensations, and all other money and valuables within 14 days from the time when the cause for such payment occurred if the worker dies or retires.

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

Nevertheless, the Defendant is working from November 12, 2009 to December 19, 2009.

Retired workers E’s wages of 200,000, 2006, 17 November 17, 2009 to December 4, 2009

Wage reserve (17 months*100,000,000 won) 1,70,000,000 won for retired workers from November 2009 to December 17, 2009, and from April 16, 2010 to May 1, 2010.

On April 2010, G workers G did not pay 3,220,000 won in total, including three retired workers in arrears, such as wages of 600,000 won in April 201, within 14 days from the date of the occurrence of the cause, without agreement between the parties on the extension of the payment date.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Each police statement made to G, E, and F;

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 criminal facts;

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

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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