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(영문) 수원지방법원 여주지원 2017.02.08 2016고정198
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 the Dispute Resolution Co., Ltd. located in B building 401 in Gyeonggi-do and is a user who runs a real estate development business by using five full-time workers.

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

Nevertheless, the Defendant did not pay the aggregate of D’s wages of 2,300,000 won for March 2015, 2015, which were worked from March 9, 2015 to November 20, 2015, wages of 3,000,000 won for April 2015, and wages of 3,00,000,000 won for May 2015, and wages of 3,00,000,000 won for June 2015, wages of 3,00,000,000 won for July 2015, wages of 3,00,000 won for August 20, 2015, wages of 3,00,000 won for October 3, 200,000 for 10,000 won for 10,010,000 won for May 30, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes on a petition;

1. Article 109 (1) and Article 36 of the Act on the Standards for Preliminary Labor for Criminal Facts and Articles 109 (Selection of Punishment) of the same Act;

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

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

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