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(영문) 창원지방법원 2013.04.04 2013고정66
근로기준법위반
Text

1. The defendant shall be punished by a fine of 80,000 won;

2. 50,000 won where the defendant does not pay the above fine.

Reasons

Punishment of the crime

The defendant is a personal entrepreneur and employer who employed three full time workers in the factory B Co., Ltd. and performed the construction work of the factory extension.

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

Provided, That in special circumstances, the date may be extended by mutual agreement between the parties.

Nevertheless, the Defendant was working at the construction site of the foregoing factory from September 30, 2010 to October 14, 2010, and did not pay C’s wages of KRW 1,350,000 from September 30, 201 to October 14, 201, within 14 days from the date of retirement, which is the date of occurrence

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of C’s written complaints and written statements to statutes;

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

2. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse.

3. It is so decided as per Disposition for the reason under Article 334(1) of the Criminal Procedure Act above.

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