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(영문) 창원지방법원 밀양지원 2017.08.24 2016고정140
근로기준법위반
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

The defendant, as the representative of D in Syang City, is an employer who employs three full-time workers and operates a restaurant business in China.

When a worker dies or retires, the employer shall pay the wages, compensations, and all 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, who retired from the above workplace from May 16, 2015 to July 20, 2015, did not pay the aggregate of the wages of two workers, including 1,612,903 won in July 2015 ± 31 days x 20 days x 1,612,903 won in the above workplace as the main assistant work from May 16, 2015 to July 19, 2015, including 1,041,930 won in July 2015, as well as 2,654,833 won in the aggregate of wages of two workers, including 1,630 won in the payment of wages between the parties concerned, within 14 days in the retirement day without any agreement on the extension of the payment date between the parties concerned.

Summary of Evidence

1. Legal statement of witness F;

1. Statement of witness E in the fourth public trial protocol;

1. Application of the police interrogation protocol (No. 7 No. 5 of the evidence list) to the accused;

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

1. The portion not guilty under the main sentence of Article 186 (1) of the Criminal Procedure Act, which bears the costs of lawsuit

1. The Defendant in this part of the facts charged is the representative of D in the smuggling, who employs three full-time workers and operates a restaurant business in China.

When a worker dies or retires, the employer shall pay the wages, compensations, and all other money and valuables within fourteen days from the beginning when the cause for such payment occurred.

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