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(영문) 광주지방법원 2018.04.05 2017고정1954
근로기준법위반
Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is operating C Co., Ltd., which is engaged in the business of manufacturing boats, etc. in Namyang-gun B.

Defendant (i) served in the said workplace from June 15, 2016 to December 31, 2016, and (ii) did not pay KRW 1.6 million for retired workers D’s wages in October 2016, KRW 3.8 million for November 2016, and KRW 9.2 million for wages in December 2016, within 14 days from the date of retirement without any agreement on the extension of the payment period between the parties concerned.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the special judicial police with regard to D;

1. Application of Acts and subordinate statutes of a report on investigation into arrears;

1. Article 109 (1) and Article 36 of the Act on the Standards for Preliminary Labor for Criminal Facts and Articles 109 (Selection of Punishment) of the same Act;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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