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(영문) 광주지방법원 2017.09.21 2016고정853
근로기준법위반
Text

The sentence against the accused shall be 2,00,000 won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

The defendant is the actual representative of Dong-gu C, Gwangju, who has run a restaurant business by employing four full-time workers.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred.

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

Nevertheless, the defendant employed from August 11, 2015 to December 14, 2015 at the above workplace and retired from the above workplace (Korean nationality China), did not pay the total of KRW 1,317,00 in August 1, 2015, wages of KRW 1,317,00 in September 2015, KRW 1,317,00 in October 1, 2015, KRW 317,00 in November 31, 205, KRW 200,00 in total of KRW 4,468,00 in wages of KRW 0,00 in December 20, 200 in total, and KRW 10,00 in October 14, 2015 to December 14, 2015; and did not pay the wage of KRW 1,317,00 in total within 10,00 in October 10, 2015, KRW 10,51010.7

Summary of Evidence

1. Partial statement of the defendant;

1. Each statement of the E and F in the fourth public trial records;

1. Each prosecutor's statement protocol concerning E and F;

1. A detailed statement of calculation of overdue wages;

1. Each employment contract (the 15, 19 pages of investigation records);

1. Application of investigation reports (Submission and report of suspect's national pension and details of subscription to health insurance) Acts and subordinate statutes;

1. Article 109 (1) and Article 36 of the Act on the Standards for Relevant Acts concerning facts constituting an offense, and Articles 109 (1) and 36 of the Labor Standards Act, and the choice of fines;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

1. Determination as to the assertion of the defendant and his/her defense counsel under the main sentence of Article 186(1) of the Criminal Procedure Act concerning the costs of lawsuit

1. The Defendant is released from E and F without permission.

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