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(영문) 창원지방법원 마산지원 2014.10.14 2014고정241
근로기준법위반
Text

Defendant shall be punished by a fine of KRW 1,500,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is an employer who employs nine full-time workers as the representative of the fourth floor of the Daegu Water-gu B building, and operates educational service business.

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.

Nevertheless, the Defendant did not pay KRW 8,803,470, total amount of wages of seven workers within 14 days from the date of the occurrence of the cause for payment, as stated in the separate personal overdue wages statement, including KRW 40,000 in May 22, 2013, which worked from Masan-si member D to Masan-si, Masan-si, which was operated by the said place of business, as well as KRW 8,803,470, as in the separate personal overdue wages statement.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes to each written complaint and petition;

1. Article 109(1) and Article 36 of the Labor Standards Act concerning criminal facts, and the choice of fines;

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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