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(영문) 전주지방법원 군산지원 2017.12.13 2017고단1242
근로기준법위반
Text

Defendant shall be punished by a fine of KRW 100,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is the E-business owner in the Seoul Special Metropolitan City Dispute Resolution Co., Ltd., and is a user who operates the steel structure manufacturing business using ten 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 an agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant did not pay KRW 240,000,00 in total, which was paid in February 28, 2017 to March 18, 2017, including KRW 1,682,00 in total, which was paid in March 2017, including KRW 1,442,00 in total, and KRW 1,682,00 in March 2017, from February 7, 2017 to March 18, 2017, as well as KRW 2,00,000 in total, including KRW 2,00,000 in February 2, 2017, and KRW 2,000 in March 2, 2017 to each of the relevant parties’ retirement workers within 10,000 in total,5,00 in total, and 2,000 in total, within 2,00 in total,00 in each of the relevant parties’ retirement workers.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a fact-finding certificate (a truth-finding, truth-finding);

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;

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

3. Article 70 (1) and Article 69 (2) of the Criminal Act to attract a workhouse.

4. The part dismissing a public prosecution pursuant to Article 334(1) of the Criminal Procedure Act (in fact, since all wages are deemed to have been paid, the punishment as ordered shall be determined) of the Criminal Procedure Act

1. The summary of the facts charged is the E business owner in the Seoul Special Metropolitan City Co., Ltd. Co., Ltd., which ordinarily employs ten workers and operates the steel structure manufacturing 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.

except that there are special circumstances.

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