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(영문) 창원지방법원 마산지원 2015.12.18 2015고정554
근로기준법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The defendant is an employer who, without a specific trade name, has a domicile in the window B of Changwon-si and has employed nine regular workers at all times to engage in construction business at the site of new construction of apartment houses in the Changwon-si, Changwon-si C.

When a worker retires, the employer shall pay the wages, compensations, and other money or valuables within 14 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 foregoing workplace from March 21, 2015 to March 31, 2015, did not pay the total amount of KRW 9,622,00,000,000,000 of the wages of each employee, as stated in the detailed statement of personal delayed payment, including the wage of KRW 1,00,000,000,000 from March 21, 2015 to March 31, 2015, without any agreement between the parties on the extension of the due date

Summary of Evidence

1. Defendant's legal statement;

1. Written statements prepared by D;

1. Application of Acts and subordinate statutes to the ledger of payment of daily labor expenses;

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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