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(영문) 창원지방법원 2017.08.09 2017고정326
근로기준법위반
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

The defendant is the actual representative of D in Kimhae-si, who is an employer who runs a 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 fourteen 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, who was employed by the said workplace from August 4, 2016 to October 15, 2016, did not pay KRW 6,750,156 in total for three workers within 14 days from the date of the occurrence of the cause for payment, as well as KRW 2,831,60, including KRW 1,57,80 in September 2016, and KRW 1,57,800 in October 1, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A petition (No. 3 No. 540, Mar. 1, 200

1. Application of Acts and subordinate statutes on labor contracts and specifications of payment of wages;

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;

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. The part dismissing a public prosecution under Article 334(1) of the Criminal Procedure Act against the order of provisional payment

1. The summary of the facts charged is that the Defendant is the actual representative of D in Kimhae-si, who ordinarily employs ten workers, and is an employer.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within fourteen 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 at the above workplace on May 2, 2016.

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