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(영문) 춘천지방법원 강릉지원 2016.07.06 2015고단1003
근로기준법위반
Text

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

If the above fine is not paid, one hundred thousand won shall be converted into one day.

Reasons

Punishment of the crime

The defendant is the executive director of the C Co., Ltd. in Spocheon City B, who runs a construction business with 14 full-time workers.

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.

The Defendant, from April 10, 201 to April 10, 2014, at the site of the construction of a new aggregate building of the DD building.

8. Workers E who worked for the period of August 30, 2014, wages of 4,730,590 won in August, 2014, and 2. The same year from March 1, 2014 to the same place of business.

8. A worker F’s wage of KRW 3,525,00 for July 2014 and KRW 4,500,000 for August wage of KRW 975,00 for each of the parties concerned did not pay the total of KRW 9,230,590 for two workers within 14 days from the date on which the cause for payment occurred without an agreement on extension of payment deadline between the parties concerned.

Summary of Evidence

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

1. Each document of E and F;

1. Application of the respective Acts and subordinate statutes of E and F;

1. Relevant Articles 109 (1) and 36 of the Labor Standards Act concerning facts constituting an offense and Articles 109 (Selection of Fines);

1. The provision of the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the Criminal Act (the aggravation of concurrent crimes with regard to E as stated in the judgment of more severe circumstances) for concurrent crimes;

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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