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(영문) 창원지방법원 마산지원 2016.10.19 2014고정674
근로기준법위반
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant is the actual employer who, under the trade name of Changwon-si, Masan-si B apartment and 502 "C", has four regular workers at the same time and operates a construction business ( Panel, Do, and Do).

When a worker dies or retires, the employer shall pay the wages, compensations, and all 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, at the same place of business, worked as a panel assembly member from February 1, 2012 to July 2, 2012, and re-employed and worked as a panel assembly member from February 8, 2013 to May 25, 2013, did not pay the total of KRW 11,475,100,000, including the total of KRW 13,575,575,100, and KRW 1375,100,000,000,000,000 among the monthly wages of February 2012, 2012; KRW 3.488,00,000, monthly wages of March; KRW 3.24,475,100; and KRW 13,575,100,00,000 for the wages of April or May 2, 2013, without any agreement between the parties to the payment.

Summary of Evidence

1. Each written statement of D prepared by a special judicial police officer;

1. Application of the business registration certificate, each work log, work calendar, and transaction details Acts and subordinate statutes by account;

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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