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(영문) 대구지방법원 김천지원 2017.07.04 2016고정485
근로기준법위반
Text

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

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

Reasons

Punishment of the crime

When a worker dies or retires, the defendant is an employer who is the representative director of C in the Gu and America City B and Dong, and has been engaged in the liquor-free manufacturing business with nine full-time workers, and the employer shall pay wages, compensations, and all other money and valuables within 14 days from the time when the cause for such payment occurred.

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

Nevertheless, the Defendant did not pay KRW 6,451,60, in total, wages of KRW 258,060 in July 28, 2015, KRW 250,000 in December 2015, KRW 2,000 in January 2016, KRW 2,000 in February 2016, KRW 193,540 in March 2016, and KRW 6,451,60 in total without agreement on the extension of the payment period between the parties for retirement within 14 days from the date of retirement, as shown in the list of crimes in the attached Table.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D, E, F, G, H, I, and J;

1. Business registration certificate, each labor contract, each statement of arrears, each payment statement, each payment statement, and the application of Acts and subordinate statutes;

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. The grounds for sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment are seven workers who have not been paid wages, and the amount of unpaid wages reaches KRW 19,116,541 in total.

The Defendant is not making any effort to pay unpaid wages to the victimized workers.

However, the defendant.

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