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(영문) 전주지방법원 군산지원 2020.02.05 2019고정227
근로기준법위반
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

The defendant is a user who operates a manufacturing business as a business owner of D in-house C located in Gunsan City B.

When a worker dies or retires, the employer shall pay the wages, compensations, and all other money and valuables within fourteen days after the cause for such payment occurred.

1. In collaboration with E, the workplace shall work from June 10, 2012 to December 18, 2012.

With respect to retired workers F, the sum of 20,339,850 won in wages of 2,725,050 won on November 201, 2012, and 4,595,050 won in wages of 1,870,000 on December 2012, and the sum of 7 workers’ wages was not paid within 14 days from the date of retirement without an agreement on extension of the due date between the parties;

2. Work in the foregoing workplace from January 10, 2013 to March 27, 2013

The amount of wages of KRW 1,890,000 to retired workers G was not paid on March 2013, and the total amount of wages of KRW 28,193,645 to 9 workers was not paid within 14 days from the date of retirement without an agreement on the extension of the due date between the parties, as shown in Nos. 8 through 16 of the attached Table of Crimes.

Summary of Evidence

1. Partial statement of the defendant;

1. Police suspect interrogation protocol regarding E;

1. Each petition, each petitioner’s statement, each statement of statement, confirmation of the fact of each telephone, and each petition case are disputed to the effect that the Defendant did not have any obligation to pay retirement allowances to the daily employed workers and paid all the overdue wages. However, the instant prosecution was instituted against the unpaid wages, not retirement allowances. According to the evidence of the judgment, the instant prosecution was instituted against some workers, and there was a circumstance where part of the overdue wages were paid after a petition to some workers, and the employees did not have been paid wages within 14 days from the date of retirement without an agreement on extension of the due date.

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