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(영문) 전주지방법원군산지원 2020.10.28 2019고정166
근로기준법위반등
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

The defendant, as the co-manager of the limited liability company C of the agricultural company in the following cities, the defendant is an employer who runs the farming business of agricultural products using one full-time employee.

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.

Provided, That the date of payment may be extended by an agreement between the parties in special circumstances.

Nevertheless, the Defendant did not pay the total of KRW 10,624,620 within 14 days from the date of retirement without agreement on the extension of the due date between the parties to the contract, as KRW 1,130,00 of D’s wages in May 1, 2018, KRW 33,330 of D’s wages in June, 2018, KRW 1,161,290 of the monthly wages in July, and KRW 2,00,000 of the wages in August through November.

From January 25, 2018, the Defendant: (a) from January 25, 2018 to the husband of E, a joint representative director of the victim agricultural company C Limited Company C (hereinafter “victim Corporation”) in the following cities (hereinafter “victim Corporation”); (b) has been used for the purpose of business using physical cards connected to the Nong Bank account (F) in the name of the victimized Corporation; and (c) has been in charge of overall management of profits of the victimized Corporation; and (d) has operated the victimized Corporation.

As above, while the Defendant kept the funds of the victimized Corporation for a victimized corporation, the Defendant, at around August 17, 2018, transferred the amount equivalent to KRW 391,200 from March 28, 2018 to the personal account, such as the bank account (H), etc. in the name of the Defendant, by arbitrarily transferring the amount equivalent to KRW 9,056,90,00 in total, from March 28, 2018 to November 12, 2018, to the personal account, such as the bank account (H) in the name of the Defendant, when he/she was provided with services or purchased goods for personal use in the “G beauty room, shop, singing room, etc.”

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