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(영문) 창원지방법원 2016.10.06 2016고정256
근로기준법위반
Text

Defendant shall be punished by a fine of KRW 300,000.

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

Reasons

Punishment of the crime

The defendant is an employer who operates a personal construction business with four regular workers without a separate trade name in the location of the first floor in Kimhae-si.

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

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

Nevertheless, the defendant is working for the team assembly workers from March 31, 2014 to June 5, 2015 at the site of the steel frame and the team construction in Seo-gu Busan Metropolitan City under the above workplace.

The retirement E’s wage of KRW 4,060,00 in total, including the wage of KRW 1,510,00 in April 2015, the wage of KRW 2,100,00 in May 2015, and the wage of KRW 450,00 in June 2015, did not pay KRW 4,060,00 in total within 14 days from the date on which the cause for the occurrence of the cause for the occurrence of the payment occurred, without any agreement between the parties on the extension of

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the witness F in the court;

1. E statements;

1. Application of Acts and subordinate statutes on a petition;

1. Article 109(1) and Article 36 of the Labor Standards Act concerning criminal facts and Articles 109(1) and 36 of the same Act concerning the selection of fines

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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