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(영문) 창원지방법원 마산지원 2015.09.18 2015고정375
근로기준법위반
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

The defendant is an employer who runs the steel structure manufacturing business using two regular workers in Kimhae-si B.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money and valuables within fourteen 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 did not pay KRW C’s wages of KRW 600,000 from August 4, 2014 to August 6, 2014 at the same place of business, without an agreement between the parties on the extension of the due date for payment, within 14 days from the date of retirement, which is the date on which the cause for payment occurred, without any agreement between the parties on the extension of the due date.

Summary of Evidence

1. Examination of suspects of defendants prepared by special judicial police officers;

1. Application of the written law prepared by C;

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

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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