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(영문) 대구지방법원 서부지원 2015.02.13 2014고정931
근로기준법위반
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Defendant shall be punished by a fine of KRW 300,000.

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

Reasons

Punishment of the crime

The defendant, as a representative of the D Company in Daegu-gu C, is an employer who conducts manufacturing business using one full-time employee, and is employed in the above workplace.

In December 28, 2013, E- does not pay KRW 1,575,00 in December 2013, within 14 days from the date of retirement, which is the date of occurrence of the cause of payment, without agreement between the parties on the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

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

1. Article 109 (1) and Article 36 of the Labor Standards Act applicable to criminal facts and Articles 109 (1) and 36 of the same Act;

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

1. The dismissal part of the prosecution under Article 334 (1) of the Criminal Procedure Act

1. The summary of the facts charged is the representative of the D Company in Daegu-gu C, and an employer who engages in manufacturing business using one full-time employee, and working at the above workplace.

On January 7, 2014, B-200 won of the 1,650,000 wage in December 2013, and 150,000 won in January 2014, and 1,800,000 won in wage payment was not paid within 14 days from the date of retirement, which is the date of occurrence of the cause of payment, without any agreement between the parties on extension of the due date.

2. The facts charged in this part of the judgment are those falling under Articles 109(1) and 36 of the Labor Standards Act, and cannot be prosecuted against the victim’s explicit intent under Article 109(2) of the Labor Standards Act.

However, according to the records, it is recognized that the victim has withdrawn his previous wish to punish the defendant after the prosecution of this case was instituted, so this part of the prosecution is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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