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(영문) 춘천지방법원 원주지원 2016.09.22 2016고정249
근로기준법위반등
Text

Defendant shall be punished by a fine of KRW 1,500,000.

If the defendant does not pay the above fine, 100.

Reasons

Punishment of the crime

The defendant is a representative director D in the Seoul Special Metropolitan City Co., Ltd. who employs ten full-time workers and engages in the business of producing and selling new materials.

1. 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;

Provided, That the date may be extended by mutual agreement between the parties in extenuating circumstances.

Nevertheless, Defendant 1 retired from the said workplace as technical adviser from January 1, 2013 to June 30, 2015, without an agreement on the extension of the payment period between the parties, paid KRW 13,977,580 in total as stated in the attached crime sight table, including KRW 1,977,580 on December 2, 2014.

(The facts charged in this case include that the Defendant did not pay a total of KRW 8,976,080 from August 2014 to October 2014.

However, the following circumstances are as follows: (a) At the time of filing a petition with the Labor Agency for the Defendant’s failure to pay the Defendant’s wages, the Defendant did not include the details that he had not paid the wages from August 8, 2014 to October 2014 in the petition; and (b) the Defendant paid the said wages to E once, but borrowed KRW 9 million from E due to the difficulties in corporate circumstances, and repaid the amount of KRW 5 million among them (it is confirmed through the financial transaction details submitted by the Defendant); and (c) the Defendant asserted that the investigative agency stated that the Defendant had made a statement that the Defendant had delayed payment of wages for the said three-month period from August 8, 2014 to October 2014.

It cannot be determined otherwise, and there is no evidence to recognize it.

Therefore, it is judged that there is not enough proof of this part of the facts charged, but this relation is a single crime.

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