logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 마산지원 2018.06.05 2017고정430
근로기준법위반
Text

Defendant shall be punished by a fine of KRW 300,000.

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

Reasons

Criminal facts

The Defendant, as the representative of the “E” in Haan-gun, is a business owner who engages in manufacturing steel structures by employing four full-time workers.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money and valuables within 14 days after the cause for such payment occurred.

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

Nevertheless, the Defendant did not pay KRW 1,320,000 for May 2017, 2017, which was retired from the Defendant’s place of business to May 23, 2017, within 14 days from the date of retirement without an agreement between the parties on the extension of the payment deadline.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to F by the police petitioner;

1. Application of the F’s authentic and written statements to the Acts and subordinate statutes;

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

1. Selection of an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Of the facts charged in the instant case, the summary of the violation of the Labor Standards Act by an employee C (C; hereinafter “C”) among the charges of this case under Article 334(1) of the Criminal Procedure Act is that the Defendant was working in contact with the workplace specified in the facts charged, and that C’s retired from office December 2016 (hereinafter “ January 2017” in the indictment appears to be a clerical error) did not pay KRW 2,131,605, wages of 2,131,605 within 14 days from the date of retirement without agreement on the extension of the payment date between the parties.

First, as long as the defendant denies its content in this court, the statement of the accused's authenticity (32 pages of investigation records) and the police interrogation protocol against the accused (35 pages of investigation records) cannot be admitted as evidence as evidence.

Next, each legal statement of the witness C and witness H (H; hereinafter referred to as “H”) and C’s authenticity (a criminal investigation record).

arrow