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(영문) 광주지방법원 순천지원 2016.08.08 2016고정282
근로기준법위반
Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is the representative director of the company C with limited liability located in Nam-gun Group B, who has run a construction business with four full-time workers.

When a worker retires, an employer shall pay wages, compensations, and any other money or valuables within 14 days from the retirement unless there exists an agreement extending the due date for multilateral payment at the time of retirement.

Nevertheless, from April 4, 2012 to May 16, 2012, the Defendant served as a manager in the field of Empicing work at Empics, Empics, Inc., Ltd. and was employed in the same field and did not pay 140,000 won in total, including 250,000 won in May 2012 of G retired in the same field, 250,000 won in May 2012 of H, 2012, 250,000 won in May 25, 2012, and 250,000 won in May 2012, 2012, for which 14 days have not elapsed from the date of retirement without a mutual agreement between the parties to a payment extension.

Summary of Evidence

1. Application of Acts and subordinate statutes to the defendant's legal statement and police statement protocol against F;

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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