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(영문) 대구지방법원 경주지원 2018.02.01 2017고정108
근로기준법위반
Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The defendant is an employer who uses five full-time workers as the representative of the agricultural partnership C in racing-si, and operates a service business (tourism farmer).

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, Defendant 2 worked in the said workplace from May 2, 2016 to June 11, 2016, and retired from the said workplace; D’s wages of KRW 2,210,00 on May 6, 2016; wages of KRW 1,040,000 on June 5, 2016; and from May 5, 2015 to May 24, 2015; Nonparty 200,000 on May 1, 2015; from July 1, 2016 to August 5, 2016; Nonparty 3,00,00,000,000; and Defendant 20,000,000 wages of KRW 60,00 on August 60, 2016; and Defendant 200,000 on May 16, 2017; and did not pay each of the parties’ retirement from employment within 7.7.15 days,7.7

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Each statement of E and F;

1. Application of Acts and subordinate statutes on fact-finding, such as each criminal report, each written petition, each telephone, etc.;

1. Relevant Articles 109 (1) and 36 of the Labor Standards Act concerning facts constituting an offense and Articles 109 (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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