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(영문) 광주지방법원 2016.05.27 2016고정359
근로기준법위반
Text

Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The defendant is a D representative who performed the construction work of C in the south-gun B Ba, a building contractor who has employed two full-time workers and performed the road-based construction work using dX380 excavation equipment.

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.

Provided, That the date may be extended by mutual agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant did not pay KRW 4,364,50, total of KRW 14 days from the date of retirement without agreement between the parties to the extension of the payment date and KRW 97,00,00,00 for the part wages of February 2, 2015 of E, who worked as a cargo search technician from February 24, 2014 to March 19, 2015, for the part wages of KRW 1,697,500 for the part wages of March 3, 2015, and other money and valuables of KRW 77,000 for the purchase cost of the engine engines on March 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police suspect interrogation protocol against the accused;

1. Statement in the police statement protocol against E;

1. Application of each Act or subordinate statute to include details of labor, information on the calendar, and copies of bankbooks;

1. Article 109 of the relevant Act concerning criminal facts, Articles 109 (1) and 36 of the Standards for Optional Labor, and the selection of fines;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act in the order of provisional payment has been three times prior to the delay of payment of wages or three times prior to the date on which the defendant received a disposition not to institute a prosecution (not to institute a prosecution) by mutual consent with the victim.

However, the defendant paid 3.5 million won or more to the victim after committing the crime.

In addition, the sentencing conditions shown in the records, such as the defendant's age, occupation, family relationship, and circumstances before and after the crime, shall be determined as per the order.

It is so decided as per Disposition for the above reasons.

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