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(영문) 창원지방법원 마산지원 2018.02.21 2016고단1262
근로기준법위반등
Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is an employer who is a business operator who operates a steel structure manufacturing business using eight full-time workers as the representative of the I Co., Ltd., Ltd., I located in Hanam-gun H.

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

Nevertheless, the Defendant was working in the said workplace from February 17, 2016 to May 31, 2016, and the amount of KRW 866,00 of the J’s retirement wages on May 2016 was not paid 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 period.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against B;

1. Application of Acts and subordinate statutes to the complaint (B);

1. Articles 109(1) and 36 of the Labor Standards Act concerning facts constituting a crime, and the selection of fines;

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

1. The part dismissing a public prosecution under Article 334(1) of the Criminal Procedure Act against the order of provisional payment

1. The summary of the facts charged is an employer who is a person in charge of business operation and management of steel structure manufacturing business with eight full-time workers at the representative of the corporation I in the Haan-gun of Haan-nam, Haan-gun.

1. When a worker dies or retires, an employer in violation of the Labor Standards Act shall pay the wages, compensations, and other money or valuables within fourteen days after the cause for such payment occurred;

Nevertheless, the Defendant did not pay the wages of 40,485,230 won in total, from July 1, 2015 to May 31, 2016, as well as from July 2015 to May 2016, the amount of wages of 40,485,230 won in attached Form 1, 2, 4, or 7, without agreement on the extension of the due date for payment between the parties to the above workplace.

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