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(영문) 청주지방법원 2016.12.01 2016고정358
근로기준법위반
Text

The sentence of sentence shall be suspended for the defendant.

Reasons

Punishment of the crime

The defendant, as the representative of the C Union in the petition-gu B, is an employer who operates service business by employing two full-time workers.

1. When a worker retires from office, the employer who has partially paid wages of the retired worker shall pay the wages, compensations, and all other money and valuables within fourteen days after the cause for such payment occurred;

Nevertheless, the Defendant worked in the foregoing workplace from August 24, 2015 to October 15, 2015, and did not pay the total of KRW 1,549,150 as wages of September 2015, including KRW 741,160, and the wage of KRW 807,90 for October 2015, within 14 days from the date of retirement without an agreement on the extension of the due date between the parties concerned.

2. Wages in violation of an obligation to pay the full amount of wages shall be paid directly in currency to workers;

Nevertheless, the Defendant paid the D’s wage in September 13, 2015, which was worked as described in the foregoing paragraph (1), on October 13, 2015, and paid 741,160 won after deducting 90% of the minimum wage, on the ground that the agreed amount was applied to KRW 1,750,000,000, and paid 1,008,840 won thereafter.

Summary of Evidence

1. Partial statement of the defendant;

1. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

1. Application of standard labor contract, and Acts and subordinate statutes governing respective work areas;

1. Articles 109(1), 36, and 43(1) of the Labor Standards Act concerning criminal facts;

1. Selection of an alternative fine for punishment;

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

1. A fine not exceeding 500,000 won to be suspended;

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

1. It is so decided as per Disposition on the grounds of not less than Article 59(1) of the Criminal Act (such as the fact that a full resolution has been made in a related civil lawsuit).

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