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(영문) 춘천지방법원 강릉지원 2015.10.22 2015고단752
근로기준법위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

The defendant is an employer who has the address of Gangnam-si B and 101 Dong 801 and has two full-time workers employed to perform the affairs of issuing cards on behalf of others.

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

Nevertheless, the Defendant did not pay KRW 1,187,880, the sum of KRW 1,187,880, and KRW 2,375,760, respectively, within 14 days from the date of each retirement, without agreement on the extension of the due date between the parties to the contract, in June 5, 2014, of KRW 1,187,880, and of KRW 2,375,760, working for the same period from June 6, 2014 of C-C, which had been working from June 5, 2014 to July 4, 2014.

Summary of Evidence

1. Reporting on the results of investigation of petition cases;

1. Each police statement of C or D;

1. Application of each relevant statute;

1. Relevant Article 109 (1) and Article 36 of the Labor Standards Act concerning facts constituting an offense and selection of fines for negligence;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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