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(영문) 광주지방법원 목포지원 2013.11.28 2013고정432
근로기준법위반
Text

The sentence against the accused shall be determined by a fine of 300,000 won.

If the defendant does not pay the above fine, 50.

Reasons

Punishment of the crime

The Defendant is the actual operator of a limited liability company C in Jeonnam-gun Group B, who employs 30 full-time workers and operates the vessel juth manufacturing business. In the event that an employee dies or retires, the employer would pay wages, compensations, and all other money and valuables within 14 days from the date of occurrence of the cause for payment, except in the case of an agreement between the parties on the extension of the due date for payment, but did not pay 1,716,000 won of the wages of the employee D retired on August 27, 2012 without an agreement between the parties on the extension of the due date for payment.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes entered in the police statement to E;

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;

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

1. The dismissal part of the prosecution under Article 334 (1) of the Criminal Procedure Act

1. The summary of the facts charged is that the Defendant is the actual operator of a limited company C in Yong-gun, Yong-gun, Young-gun, who ordinarily employs 30 workers and operates the vessel juth manufacturing business. In the event that an employee dies or retires, the employer shall pay the wages, compensations, and all other money and valuables within 14 days from the time when the cause for the payment occurred, notwithstanding the fact that the employee E, who worked in the above workplace, did not pay 4,500,000 won for August 5, 2012, and 450,000 won for September 20, 2012, without an agreement on the extension of the due date between the parties, and has not paid 14 days from the date of retirement, as stated in the attached list of crimes, to the employees 16 days after the lapse of 14 days from the date of retirement.

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