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(영문) 광주지방법원 해남지원 2016.09.22 2016고단150
근로기준법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The defendant 2016 Highest 150 is an employer who employs 25 to 30 full-time workers while operating the D Co., Ltd. located in Jung-Eup City, and an employer shall pay wages, compensations, and all other money and valuables within 14 days from the time when the cause for payment occurred if a worker retires.

Nevertheless, the Defendant stated in the indictment of KRW 3,655,00 in total amount of wages E of retired workers who worked from the above company from around December 30, 2015 to February 5, 2016 as “2,975,000” but this is obvious that it is “3,655,000 won” due to a clerical error in the “3,65,000 won,” and thus, the Defendant did not pay the total amount of wages of KRW 9,705,000 from the date of retirement within 14 days from the date of retirement without an agreement on extension of the payment deadline, as shown in the attached Table 1.

The defendant 2016 Highest 311 is an employer who employs 25 to 30 full-time workers while operating the D Co., Ltd. located in Jung-Eup City, and an employer shall pay wages, compensations, and all other money and valuables within 14 days from the time when the cause for payment occurred if a worker retires.

Nevertheless, the Defendant did not pay the total amount of KRW 4,112,903 of the wages of the workers who retired while working at the resort site of the Riart located in the Seoul GunF before the construction of the said company was conducted by the said company from December 16, 2015 to January 25, 2016, within 14 days from the date of retirement without an agreement on the extension of the payment deadline, and did not pay the total amount of KRW 13,151,903 of the eight wages of the employees as shown in the separate crime list of crimes in the attached Table 2, such as the written agreement on extension of the payment deadline.

Summary of Evidence

"2016 Highest 150"

1. Statement by the defendant in court;

1. Each police statement made to E, H, I, and J;

1. Each petition of E, B, K, L, I, H, and J;

1.Each.

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