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(영문) 의정부지방법원 2016.11.17 2016고단1076
근로기준법위반
Text

A defendant shall be punished by a fine of KRW 4,900,000.

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

Reasons

Punishment of the crime

The defendant is the representative of Gyeonggi-si C(State)D located in the Gyeonggi-do and is an employer who runs a manufacturing business using 13 regular workers.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money and valuables within fourteen days after the cause for such payment occurred, unless there exists any agreement between the parties on the extension of the due date.

Nevertheless, the Defendant did not pay a total of KRW 4,900,000, as stated in the details of the arrears of the reported case by attached business place, to the victim E, who had worked from April 20, 2015 to August 20, 2015 at the above business place, within 14 days from the date of retirement, even though there was no agreement between the parties on the extension of the due date, as stated in the details of the arrears of the reported case by attached business place.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of E and F;

1. A written petition;

1. Application of Acts and subordinate statutes on wage claims;

1. Articles 109(1) and 36 of the Labor Standards Act concerning criminal facts;

1. Selection of an alternative fine (the amount payable, the details of payment, and other relevant factors);

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

1. The dismissal part of the prosecution under Article 334 (1) of the Criminal Procedure Act

1. The summary of this part of the facts charged is that the Defendant, as the representative of Gyeonggi-si C(C)D, runs a manufacturing business with 13 regular workers.

Although an employer pays workers' wages in full to workers in currency, the Defendant paid wages to the victim F working in the workplace from April 1, 2014 on the 15th day of each month, and paid 700,000 won out of the wages in April 2014 at the same workplace, and the Defendant did not pay the total amount of 29,516,32 won from April 1, 2014 to November 30, 2015, as stated in the details of the arrears reported by the attached place of business.

2. The above facts charged are crimes falling under Articles 109(1) and 43(1) of the Labor Standards Act.

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