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(영문) 대전지방법원 2015.09.14 2015고단936
근로기준법위반
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

Defendant

A is the representative and actual manager of the D in the second floor of the Seo-gu Daejeon Metropolitan Building, who has been engaged in beauty and beauty business (NAS) with six 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 mutual agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant worked in the four-day list from June 15, 2014 to September 10, 2014, and retired E’s wages of 233,330 won on September 9, 2014, and did not pay 1,553,320 won for four retired workers, as shown in the attached crime list, within 14 days from the date of retirement, without any agreement on the extension of the due date between the parties concerned.

Summary of Evidence

1. Defendant's legal statement;

1. The statement of each special judicial police officer made to F, G, and E;

1. Application of Acts and subordinate statutes to the contents of confirmation, such as direction for correction of violations of labor-related Acts;

1. Relevant Articles of the Labor Standards Act and Articles 109 (1) and 36 of the same Act concerning criminal facts;

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. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. This case of the sentencing criteria shall not be subject to the sentencing criteria.

2. The amount of money and valuables in arrears, the criminal records of the defendant, the confession and opposition of the defendant, and other circumstances after the crime that can be seen in the trial proceedings of this case (at the time of the request of the defendant, however, the defendant had been given an opportunity to agree on the date of trial, but the contact has been interrupted). In addition to the circumstances leading to the crime of this case, all the sentencing conditions specified in the arguments of this case, including the defendant's age, character and behavior, and environment, are added.

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