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(영문) 대구지방법원 포항지원 2016.08.10 2016고정249
근로기준법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The defendant is a user who has its head office in the Nam-si, the Nam-gu, Seoul, etc. and engages in the manufacturing of steel structures by employing five workers at all times at the south-gu, Seoul, etc.

When an employee retires, an employer shall pay 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 did not pay KRW 880,970 in September 7, 2015, the wage of KRW 2,800,00 in September 2015, and KRW 2,800 in October of the same year, and KRW 560,00 in November of the same year, and KRW 720,000 in September 4, 2015, and KRW 4,470,00 in October of the same year, and KRW 320,00 in November of the same year without agreement on the extension of the payment date.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and E;

1. Application of each statute on filing of a complaint;

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

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. Articles 70 and 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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