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(영문) 창원지방법원 2015.08.12 2015고정652
근로기준법위반
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

The Defendant is a user who runs a construction business under the trade name “C” in Changwon-si, Mapo-si.

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.

Nevertheless, the Defendant, from November 11, 2013 to November 18, 2013, did not pay 2,890,000 won in total for five workers within 14 days from the date of retirement, as shown in the separate crime list, as stated in the list of crimes, including the fact that the Defendant worked as a tree at the interior work site in the interior work site of the building D, Changwon city, and did not pay 1,190,000 won to retired workers E, as stated in the separate crime list.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A written statement;

1. Application of Acts and subordinate statutes on work details;

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

2. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

4. Article 334 (1) of the Criminal Procedure Act.

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