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(영문) 대전지방법원 2014.10.16 2014고정793
근로기준법위반
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

The defendant is the representative of the Daejeon Central District Court (State)D located in Daejeon Central District Court, and is an employer who conducts landscape construction business using two full-time workers.

When a worker retires, the employer shall pay the 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, from June 3, 2013 to October 22, 2013, the Defendant did not pay KRW 2,220,000 in total, as wages of KRW 360,00 in August 2013, 2013, which were worked as the first worker at the Seo-gu Daejeon E site, Daejeon, Daejeon, the Defendant’s business site, within 14 days from the date of retirement without agreement between the parties on the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Application of F’s written Acts and subordinate statutes;

1. Article 109(1) and Article 36 of the Labor Standards Act concerning criminal facts and Articles 109(1) and 36 of the same Act concerning the selection of fines

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the Defendant committed the instant crime even though he/she had the same criminal record, and even though he/she did not have a significant amount of damage, it is inevitable to make any effort to recover damage and make strict punishment.

In this context, considering all the circumstances such as the defendant's age, character and conduct, and circumstances after the crime, the punishment is determined as ordered.

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