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(영문) 대구지방법원 2016.10.07 2016고정1766
근로기준법위반
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is the representative in Daegu Dong-gu C, who runs a manufacturing business with two full-time workers.

When a worker dies or retires, the employer shall pay the wages, accident 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 defendant works in the above workplace.

A retired employee D’s wage of KRW 3 million for December 2015, January 2016, February 2016, and February 2016, as well as KRW 1 million for the wage of KRW 1 million for October 2015, and the wage of KRW 22,00,000 for each of the two victims, including KRW 3 million for December 2015, December 2015, January 2015, January 2016, and February 2016, did not pay KRW 22,00,000,00 for each of the two victims’ wages as of February 2016, without any agreement of the parties to the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. A complaint and a petition;

1. Application of statutes on business registration certificates;

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

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