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(영문) 대전지방법원 천안지원 2015.10.01 2015고정707
근로기준법위반
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

The defendant is an employer who operates a manufacturing business without business registration by employing two full-time workers at the place of manufacturing equipment in C located in the astronomicalce City.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within fourteen 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, the workplace is working as a production worker from October 27, 2014 to December 20, 2014.

A retired worker D's total of KRW 1,560,000 on November 201, 2014, and KRW 1,560,000 on December 2014, did not pay KRW 1,560,000 on the date of retirement within 14 days from the date of retirement without any agreement on the extension of the due date between the parties.

Summary of Evidence

1. Defendant's legal statement;

1. Description in D’s written petition;

1. Application of Acts and subordinate statutes stating a written confirmation of parties;

1. Article 109 (1) and Article 36 of the Labor Standards Act applicable to criminal facts and Articles 109 (1) and 36 of the same Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The sentencing reasons of Article 334(1) of the Criminal Procedure Act of the provisional payment order provided for in Article 334(1) of the Criminal Procedure Act expressed that a worker D expressed his/her intention not to have the defendant punished when receiving overdue wages but the defendant did not pay overdue wages up to the present time by asserting the damage suffered by his/her employee. In addition, the defendant's age, character and conduct, environment and other factors of sentencing

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