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(영문) 전주지방법원 군산지원 2014.01.22 2013고정461
근로기준법위반
Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a D representative in the C Heavy Industries located in the Gunsan City, who runs a manufacturing business.

[2013 fixed-term 461] The Defendant works in the foregoing workplace from December 4, 2012 to January 15, 2013

The retirement E’s total amount of wages, including KRW 1,143,327, was not paid within 14 days from the date of retirement without agreement between the parties to the extension of the due date, as shown in the attached Table 1 List of Crimes.

[2013 Highest 1202] The Defendant is working for the said workplace from March 8, 2013 to April 30, 2013.

As stated in the [Attachment 2] Nos. 2 and 10 of the wages of retired F, including the total of KRW 1.570,00,000, the total wage of two retired workers was not paid within 14 days from the date of retirement without agreement between the parties to the extension of the payment date.

Summary of Evidence

Application of the Acts and subordinate statutes to the defendant's legal statement, accusation and written complaint

1. Relevant provisions concerning criminal facts: Articles 109 (1) and 36 of the Labor Standards Act;

1. Concurrent crimes: the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act;

1. Detention at a workhouse: Articles 70 and 69 (2) of the Criminal Act;

1. Provisional payment order: The summary of the facts charged on the part of dismissing the prosecution in accordance with Article 334(1) of the Criminal Procedure Act: the defendant did not pay 45,659,940 won in total for 34 workers within 14 days from the date of retirement without an agreement between the parties to an extension of the due date, as stated in attached Table 2, 3 through 9, 11 through 36;

Article 327 subparagraph 6 of the Criminal Procedure Act, each of whom is not punished.

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