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(영문) 창원지방법원 2017.06.14 2017고정286
근로기준법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

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

The Defendant, as a business owner who ordinarily employs one worker in Kimhae-si, without any separate trade name, was employed by the Defendant, and did not pay 50,000,000 won in total as wages as shown in the attached Table of Crimes, including the amount of wages 2,00,000 won in February 1, 2015 to November 30, 2016, at a large construction site, such as D apartment remodeling construction site, E-electric power resource construction site, etc. constructed at the said construction site, and the period from February 1, 2015 to November 30, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the statement protocol by complainant;

1. Article 109 (1) and Article 36 of the Act on the Standards for Preliminary Labor for Criminal Facts and Articles 109 (Selection of Punishment) of the same Act;

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;

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