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(영문) 창원지방법원 2016.02.17 2015고정969
근로기준법위반
Text

Defendant shall be punished by a fine of KRW 300,000.

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

Reasons

Punishment of the crime

The Defendant is an employer who runs a general restaurant business in the name of “E” at the window D of Gyeongnam-si, Changnam-si.

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, the Defendant did not pay KRW 1,00,000,000 to retired workers who worked alone from June 10, 2014 to July 24, 2014 at the above workplace and did not pay within 14 days from the date of retirement, which is the date of occurrence of the cause of payment, without agreement between the parties on the extension of the payment deadline.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F and C;

1. Application of Acts and subordinate statutes on account transactions;

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;

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

3. The part dismissing the public prosecution under Article 334(1) of the Criminal Procedure Act

1. The summary of this part of the facts charged is an employer who runs a general restaurant business under the trade name of “E” at the window D of Changnam-si, Changnam-si.

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, the Defendant had worked as the main agent from April 1, 2014 to July 24, 2014 at the said workplace, and had not paid KRW 1,420,000 to retired workers C of July 2014, within 14 days from the date of retirement, which is the date on which the cause for payment occurred, without agreement between the parties on the extension of the payment deadline.

2. The facts charged in this part of the indictment are set forth in Article 109 of the Labor Standards Act.

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