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(영문) 창원지방법원 마산지원 2016.11.04 2016고정456
근로기준법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The defendant is an actual manager of C in permanent residence B and is an employer who runs a construction business of removing buildings using six full-time workers.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money and valuables within fourteen days after the cause for such payment occurred.

Provided, That the date of payment may be extended by an agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant did not pay 8310,000 won in total for employees in arrears, including 200,000 won, from May 2016 to May 16, 2016, as stated in the detailed statement of the money and valuables in arrears in the attached Table, within 14 days from the date on which the cause for the payment occurred, without any agreement on the extension of the due date between the parties to the payment, at the work site for removing the buildings in F of the E Company in Chang-si, Changwon-si, Seoul Special Metropolitan City, which is located in D, from April 16, 2016 to May 16, 2016.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of G prepared by a special judicial police officer;

1. Application of Acts and subordinate statutes, such as written contracts for construction works (Evidence No. 8);

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

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

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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