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(영문) 창원지방법원 마산지원 2017.11.07 2017고정317
근로기준법위반
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

The defendant is the employer who is a representative in Hanam-gun B and runs the business of manufacturing steel structures by employing five 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.

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

Nevertheless, the Defendant did not pay KRW 9,245,950, respectively, within 14 days from the date on which the cause for payment occurred, including the sum of KRW 3,780,00,00,000,000, of the wages of December 2, 2016 of D, which was retired from the said workplace as an agent, from November 29, 2016 to January 12, 2017, and the wage of KRW 1,765,40,00,00 for each individual’s delayed payment, as stated in the statement on the details of money and valuables in arrears for each individual, including the amount of KRW 9,245,950,00,000 for each employee, without an agreement between the parties to the extension of payment

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

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

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

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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