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(영문) 광주지방법원 해남지원 2017.08.17 2017고단102
근로기준법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The Defendant is a person who employs one full-time worker in the operation of the Human Research Service Co., Ltd. in Jindo-gun, Jindo-gun, and the employer shall pay wages, compensations, and all other money and valuables within 14 days from the time when the reason for such payment occurred if the employee retires.

Nevertheless, the Defendant did not pay the total amount of KRW 17,190,000 from the date of retirement within 14 days from the date of retirement without an agreement on the extension of payment deadline, as shown in the list of crimes in the attached Table, including the amount of KRW 340,00 of the retired workers D who worked from the above company from November 1, 2010 to April 21, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Handtains;

1. Application of Acts and subordinate statutes to the details of overdue debts;

1. Relevant legal provisions of the Act on Criminal Facts and Articles 109(1) and 36 of the Standard of Optional Labor, and the choice of a fine (the sentence shall be imposed as ordered in consideration of all the circumstances, including the amount of wages that the defendant has paid, the background leading up to the failure of payment of the wages, the degree of reflectability of the defendant, and the records of the crime);

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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