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(영문) 광주지방법원목포지원 2020.11.27 2020고정50
근로기준법위반
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

The defendant is an employer who conducts large cultivation by using five full-time workers at a spawn-gun B and C in a large spawn cultivation area.

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.

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

Nevertheless, the suspect has been employed from December 7, 2018 to March 11, 2019 at the same chip chip chip in Newan-gun B.

Wages of retired D shall be 5,400,000 won and shall be employed from December 7, 2018 to March 11, 2019.

Wages 5,400,000 won of retired E was not paid within 14 days from the date of each retirement without any agreement between the parties on the extension of the due date.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of the police statement concerning F;

1. A petition stating that, even if the defendant's statement is based on the defendant's statement, it appears that the offset agreement was not reached between the parties, and even if the defendant has the right to claim damages against the worker, it cannot be set off unilaterally with the above worker's wage claim under the principle of direct payment (see Article 43 of the Labor Standards Act) (see, e.g., Supreme Court Decision 99Do2168, Jul. 13, 199); therefore, the defendant's argument cannot be accepted).

1. Article 109(1) and Article 36 of the Labor Standards Act and the choice of fines for 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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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