logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 전주지방법원 군산지원 2017.09.04 2017고정107
근로기준법위반
Text

Defendant shall be punished by a fine of KRW 100,000.

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

Reasons

Punishment of the crime

The defendant, as a personal building business operator, employs four full-time workers and executes the construction site of the C Apartment Facility Corporation in North Korea.

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, and the period may, under special circumstances, be extended by mutual agreement between the parties concerned.

Nevertheless, the Defendant did not pay KRW 10,000 on April 1, 2016, which worked for three days during the period from December 2, 2015 to December 8, 2015, as wages of KRW 510,000 on December 12, 2015, and for April 23, 2016, as wages of KRW 110,000 on April 23, 2016 between the parties, within 14 days from the date of retirement of each of the said workers.

Summary of Evidence

1. Statement by the defendant in court;

1. The application of Acts and subordinate statutes to a statement or a petition;

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;

2. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act, which increases concurrent crimes;

3. Article 70 (1) and Article 69 (2) of the Criminal Act to attract a workhouse.

4. The part dismissing a public prosecution under Article 334(1) of the Criminal Procedure Act against the order of provisional payment

1. The summary of the facts charged is an individual building business operator who employs four full-time workers and constructs a site for the C Apartment Facility Construction Work in the North Korea following the North Korea.

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, and the period may, under special circumstances, be extended by mutual agreement between the parties concerned.

Nevertheless, the Defendant did not pay KRW 150,000 as wages on December 1, 2015, which had worked for December 1, 2015, within 14 days from the date of his/her retirement, without an agreement on the extension of the payment period between the parties.

2. The above facts charged are Article 109(1) and (3) of the Labor Standards Act.

arrow