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(영문) 광주지방법원 2014.05.28 2014고정323
근로기준법위반
Text

1. Defendant A shall be punished by a fine of KRW 3,000,000;

Defendant

If A does not pay the above fine, it shall be 100.

Reasons

Punishment of the crime

Defendant A, “2014 High-323,” is a person who actually runs the State F in Gwangju Mine-gu E; Defendant B, a representative director of the State F, who operates the said company together with the above A; and an employer, if an employee retires, shall pay all money and valuables, such as wages, within 14 days from the date of retirement, unless the parties have agreed to extend the due date.

The Defendants conspired to provide labor from May 6, 2013 to July 20, 2013 at the said workplace and did not pay KRW 5,791,50 of the G's wages retired from the said workplace within 14 days without agreement between the parties on the extension of the due date for payment, as stated in the attached Table of Crimes (1).

Defendant B is an employer who is engaged in the net manufacturing business by employing eight full-time workers as the representative director of Gwangju Mine-gu E (ju).

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

Nevertheless, the Defendant is working at the same workplace from December 5, 2012 to April 11, 2013.

A retired worker’s wage of KRW 2,930,000 was not paid within 14 days from the date of his/her retirement without an agreement on the extension of the due date for payment between the parties concerned, and the total amount of KRW 13,01,030,030, as shown in the attached Table of Crimes (2), was not paid within 14 days from the date of his/her retirement without an agreement on the extension of the due date for payment between

Summary of Evidence

"2014, 323"

1. Defendants’ partial statement

1. Each police officer's statement to G, I, J, and K (the respondent);

1. Statement on the supplement of complaints against L and M "2014,557";

1. Defendant's legal statement;

1. Defendant A and the defense counsel’s assertion in each statement of H, N,O, P, and Q.

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