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(영문) 광주지방법원 2018.09.07 2018고정692
근로기준법위반
Text

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

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

Reasons

Punishment of the crime

[The records of concurrent crimes under Article 37 of the Criminal Code] The defendant was sentenced to 10 months of imprisonment with prison labor and 2 years of suspended execution in the Gwangju District Court on May 31, 2018. The above judgment became final and conclusive on June 8, 2018.

[2] The Defendant is an employer as a person in charge of business operation of heating and cooling facilities who ordinarily employs three workers at the E farm located in Gwangju Northern-gu B and 205 located in Gwangju Northern-gu, and Gyeongnam-gun, Gyeongnam-gun, and is an employer.

An employer shall, when a worker retires, pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred: Provided, That the period may, under special circumstances, be extended by mutual agreement between the parties concerned.

Nevertheless, the Defendant had worked in piping lines from June 14, 2017 to October 2, 2017 at the above site, and had retired, the sum of F’s wages of KRW 1,770,00 on August 8, 2017, and KRW 5,040,000 on September 2017, and KRW 7,170,000 on October 27, 2017, and KRW 360,00 on the aggregate of KRW 360,00 on August 14, 201, and KRW 2,00,000 on May 27, 2017 to KRW 0,00 on the total of KRW 10,00 on July 2, 207, 200, KRW 08,00 on the retirement wage of KRW 360,00 on May 28, 207, 200 on the retirement of 201.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and H:

1. A written petition;

1. Work reports and details of personal arrears and money and valuables;

1. Business registration certificate and certified copy of corporate registry;

1. Previous convictions: Application of Acts and subordinate statutes concerning case search and judgment;

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

1. Selection of each alternative fine for punishment;

1. Subsequent to Article 37 of the Criminal Act dealing with concurrent crimes: Provided, That Article 39 (1) of the same Act shall not apply (limited to a violation, etc. of the Labor Standards Act of the first head as stated in the judgment and judgment become final);

1. The aggravated Criminal Act for concurrent crimes.

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