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(영문) 광주지방법원 2017.04.12 2016고정1912
근로기준법위반
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

The Defendant is an employer who operates a patient transfer and a medical device selling company using two full-time workers on the second floor of South-North America.

When a worker retires, an employer shall pay all money and valuables, such as wages, within 14 days from the date of his retirement, unless there exists an agreement between the parties on the extension of the payment date.

Nevertheless, the Defendant did not pay KRW 3,320,00 in total, KRW 620,00 in March 2016, KRW 1,800,000 in April 2016, and KRW 3,320,00 in May 2016, as well as KRW 900,00 in May 2016, without any agreement between the parties on the extension of the payment date.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made with D;

1. Application of Acts and subordinate statutes to investigation reports (temporary verification of payment of wages);

1. Article 109 (1) and Article 36 of the Act on the Standards for Preliminary Labor for Criminal Facts and Articles 109 (Selection of Punishment) of the same Act;

1. Article 70(1) and Article 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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