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(영문) 의정부지방법원 2017.06.01 2017고정46
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 the representative of C in South Yang-si, who is a full-time employee and operates a manufacturing business.

When a worker dies or retires, an employer shall pay all money and valuables, such as wages, within 14 days after the cause for such payment occurred.

Nevertheless, the Defendant did not pay the total of KRW 100,000 won in April 1, 2016 and KRW 1.820,000 in May 14, 2016, which had been employed for daily work from April 30, 2016 to May 14, 2016 at the above workplace, within 14 days from the date of retirement without agreement between the parties on the extension of the payment deadline.

Summary of Evidence

1. Statement by the defendant in court;

1. Details of confirmation of facts, such as a petition, a written statement prepared D, telephone, etc.;

1. Application of Acts and subordinate statutes on criminal career data;

1. Article 109 of the relevant Act concerning criminal facts, Article 109 of the Standards for Optional Labor, and Selection of fines;

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 examined, and the fact that the Defendant recognized the criminal facts of the instant case and reflects his mistake, and that the amount of unpaid wages is relatively small is recognized as normal in favor of the Defendant.

However, in light of the content and method of the crime, the legislative intent of the Labor Standards Act, etc., the crime of this case where the employee who has to pay the most preferred wages has not been paid is not less than the nature of the crime, the amount of wages has not been paid up to now, the same kind of crime has been punished several times due to the same and similar crimes, the balance between the general amounts of punishment in the same and similar cases, and the defendant's age, sex behavior, intelligence and environment, motive, circumstance, means and consequence of the crime of this case, the circumstances after the crime, criminal records, family relations, economic circumstances, etc., and all other circumstances constituting the conditions for the punishment of this case shall be determined as ordered.

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