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(영문) 대구지방법원 경주지원 2016.11.09 2015고단999
근로기준법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The defendant, as the representative of the (State)C in the racing-si, is an employer who is engaged in the manufacturing business by employing three 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.

Nevertheless, the Defendant, while working in the above workplace and retired on May 11, 2015, failed to pay KRW 5,000,000 on January 1, 2015, without an agreement between the parties on the extension of the payment date between the parties, within 14 days from the date of the due date, and did not pay the total of KRW 42,203,330 of the wages of two workers within 14 days from the date of the due date without an agreement on the extension of the payment date between the parties.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D and E;

1. Application of Acts and subordinate statutes to the business registration certificate, a copy of each standard labor contract, a copy of wage ledger, the attendance at work, and retirement record;

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 (the amount of wages in arrears with the defendant is relatively large, the amount of the defendant confessions and reflects the defendant, the injured workers receive each three million won as substitute payment from the Korea Workers' Compensation and Welfare Service, and the defendant has deposited the victimized workers as the principal deposit, and the defendant has no criminal power, the defendant seems to have delayed payment of wages due to the aggravation of management, and all other factors of sentencing indicated in the records, as ordered in the Disposition, by taking into account the factors of sentencing as indicated in the records);

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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