logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 제주지방법원 2017.12.13 2017고정466
근로기준법위반
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

At Jeju, the Defendant is a business owner who runs a construction business by employing five full-time workers as the representative of D Co., Ltd. located in C’s underground building B.

1. An employer who violates the Labor Standards Act due to non-payment of wages shall, if the worker dies or retires, pay the wages, compensations, or any other money or valuables within 14 days after the cause for such payment occurred;

Nevertheless, the Defendant did not pay KRW 5,032,260 of the E’s wages in December 2016, 2016, which he/she worked in the said workplace from June 1, 2016 to December 26, 2016, within 14 days from the date of his/her retirement without any agreement on the extension of the payment deadline between the parties.

2. An employer who violates the Labor Standards Act due to non-payment of the pre-employment allowance shall, if he/she intends to dismiss a worker, give the worker a prior notice at least 30 days, and if he/she fails to give the prior notice 30 days, he/she shall pay the ordinary wages for not less

Nevertheless, on December 24, 2016, the Defendant dismissed E from the above workplace as of December 26, 2016, on the grounds that the representative director and other employees of the foregoing workplace have expressed obscene video circulation and a meeting room, and did not pay more than 30-day ordinary wages.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol by the police for E;

1. Reporting on the acquisition of internal investigation data, and the application of statutes;

1. Relevant legal provisions concerning facts constituting an offense, Articles 109(1) and 36 of the Act on the Standards for Optionald Labor, Articles 110 subparag. 1 and 26 of the Labor Standards Act, and the selection of fines, respectively;

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. The grounds for sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment are as follows: (a) the payment of wages of KRW 5,032,260 during the pending trial in the instant case; and (b) other circumstances after committing a crime, the age, family relationship, environment, etc.; and (c) the punishment as set forth in the

arrow