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(영문) 의정부지방법원 2017.07.13 2016고정1897
근로기준법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The defendant is the representative of D in Sincheon-si, who ordinarily employs six workers and operates a service business (household).

When a worker dies or retires, the employer shall pay the wages, compensations, and other money or 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 did not pay a total of KRW 41,180,000 within 14 days from the date of retirement without an agreement between the parties on the extension of the payment period between the parties, as shown in the attached details, such as the amount of KRW 2,00,00,000, which worked for the period from January 10 to December 10, 2015 at the above workplace, including the amount of KRW 2,00,00 in June 2013.

Summary of Evidence

1. Partial statement of the defendant;

1. Each statement of witness E, F and G in the third public trial records;

1. A copy of a petition, a labor contract (referring to January 12, 2013; August 25, 2014; and February 25, 2015); the head of the headquarters's wage payment records; and a copy of the head of the Tong;

1. Application of the Acts and subordinate statutes to inquiries by residents and inquiries about personal investigation records;

1. Article 109 of the relevant Act concerning criminal facts, Articles 109 (1) and 36 of the Standards for Optional Labor, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. As to the issue of Article 334(1) of the Criminal Procedure Act in relation to the issue of the provisional payment order, the defendant and his defense counsel asserted that the defendant and his defense counsel agreed to receive KRW 1,00,000 per month and agreed to determine the wages if the business is activated by being employed in excess of the exclusive delivery column, and they did not have any wage agreement as alleged in E, and therefore, if the defendant deducts the wages, food expenses, etc. already paid, the unpaid wages amount to about KRW 17,00,000 per annum.

In other words, E is 150,000 won per month at the time of entry into D around January 2013 from the investigative agency to this court.

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