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(영문) 창원지방법원 2016.11.02 2016고정812
근로기준법위반
Text

Defendant shall be punished by a fine of 200,000 won.

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

Reasons

Punishment of the crime

The defendant is an employer who is a representative of C in the window B of Changwon-si and operates a restaurant business using one regular worker.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within fourteen 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 is working in the above workplace from July 15, 2015 to December 31, 2015.

The retired worker D’s wage of KRW 1,700,000 on July 2015, 2015, the wage of KRW 1,700,000 on August 8, 2015, the wage of KRW 1,700,000 on September 2015, the wage of KRW 2,00,000 on October 2, 2015, the wage of KRW 2,000,000 on November 1, 2015, the wage of KRW 1,000,000 on December 1, 2015, did not pay KRW 10,100,000 on the extension of the payment date without any agreement between the parties.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on the statement of D;

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. The sentencing of Article 334(1) of the Criminal Procedure Act on July 13, 2016 should be taken into account that the Defendant paid the victim the total amount of unpaid wages.

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