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(영문) 대전지방법원 논산지원 2017.06.16 2017고정41
근로기준법위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who employs five full-time workers as the representative of the C(State) D located in Y and operates the steel structure manufacturing business and construction business.

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.

Nevertheless, on January 1, 2016, 2016, the Defendant Company, who was engaged in the manufacturing of steel structures from above (ju) D to January 12, 2016, did not pay 1890,000 won to workers E who were engaged in the same business for the same period, F workers who were engaged in the same business for the same period, and G on January 2016, 2016, the total of three workers, including 1.5,000 won, including 1.53 billion won, within 14 days from the date of retirement without agreement on the extension of the date.

Summary of Evidence

1. Statement by the defendant in court;

1. A true E statement;

1. Details of service;

1. Investigation report (investigation into recording by a true representative Eline);

1. Investigation report (verification of the suspension of works for a counter representative of the truth and the details of the request for wages);

1. Application of Acts and subordinate statutes to a investigative report (to listen to the I telephone statement at H site);

1. Article 109 (1) and Article 36 of the Act on the Standards for Relevant Acts concerning facts constituting an offense and Articles 109 (Selection of Punishment) of the Labor Standards Act;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated 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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