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(영문) 창원지방법원 진주지원 2017.01.18 2016고정356
근로기준법위반
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On November 27, 2015, the Defendant was sentenced to a suspended sentence of one year for a violation of the Labor Standards Act in the Jinwon District Court's Jinwon Branch's Jinju branch's violation of the Labor Standards Act, and the judgment became final and conclusive on December 5, 2015. On April 8, 2016, the Defendant was sentenced to imprisonment with prison labor for a violation of the Labor Standards Act in the Ulsan District Court's U.S. District Court's labor Standards Act for four months on June 10, 2016.

The defendant employs 15 full-time workers in the name of "C" in Sacheon City B, and engages in the business of manufacturing oil chemical tanks.

When a worker dies or retires, an employer shall pay the wages, compensations, and all other money and valuables within 14 days after the cause for such payment occurred, unless the date is extended by an agreement between the parties concerned, in special circumstances.

Nevertheless, the Defendant did not pay the total of KRW 2,790,000 and KRW 4,805,000 within 14 days from the date of retirement without an agreement on the extension of the payment period between the parties, as well as the total of KRW 2,790,000 of the wages of KRW 2,79,000 and E, retired workers who were employed in contact with the above workplace from February 19, 2014 to March 6, 2014.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. A complaint, letter of delegation, or statement by the police about D;

1. Previous convictions: Inquiry about criminal history, reporting on the result of confirmation of previous convictions on disposition, search results of each case, application of Acts and subordinate statutes of each judgment;

1. Article 109 (1) and Article 36 of the Act on the Standards of Employment and Selection of Punishment for Criminal Facts, and Articles 109 (1) and 36 of the same Act;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same 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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