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(영문) 창원지방법원 2021.01.15 2020고정654
근로기준법위반
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who operates C in Kimhae-si, and is an employer who runs the manufacturing business of steel structures by employing ten full-time workers.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred.

Nevertheless, the defendant provided his labor from April 16, 202 to May 28, 202 to the above workplace, and provided his retired worker D's unpaid wages of 7,30,000 won (the unpaid wages of 2,700,000 won on April 20, 200) and 20. The unpaid wages of 3,620,000 won from March 20, 200 to May 30, 200, 200 to 3,620,000 won (the unpaid wages of 630,000,000 won from April 20, 200 to May 30, 200, 200 to 3,000 won (the unpaid wages of 2,90,000 won from May 29, 200 to 3, 205, respectively).

Summary of Evidence

1. Statement by the defendant in court;

1. Each written petition;

1. Application of statutes on the details of money and valuables in arrears by individual;

1. Article 109 (1) and Article 36 of the Act on the Standards for Relevant Acts concerning facts constituting an offense, and Articles 109 (1) and 36 of the Labor Standards Act, and selection of fines;

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

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