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(영문) 광주지방법원 목포지원 2014.01.06 2013고단1445
근로기준법위반
Text

The sentence against the accused shall be 5,000,000 won.

If the defendant does not pay the above fine, 50.

Reasons

Punishment of the crime

The Defendant is an employer who is the representative director of a limited company F in Yongnam-gun E and has operated the manufacturing industry by using 28 full-time workers. If an employee dies or retires, the employer, despite having paid wages, compensations, and all other money and valuables within 14 days from the date on which the cause for such payment occurred, unless there exists any agreement on the extension of the due date, the Defendant did not pay 5,700,000 won as wages from November 16, 2012 to February 20, 2013 and did not pay 14 days from the date of retirement without any agreement on the extension of the due date between the parties concerned, as described in attached Table I, and did not pay 14 days after the date of retirement without any agreement on the extension of the due date between the parties concerned.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the laws and regulations governing the respective police statements of G, H, I, J, K, and L;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal 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 that the Defendant is the representative director of the F limited liability company in Yong-Namnam A, who is a full-time employee and has operated the manufacturing business using 28 full-time employees. If an employee dies or retires, the employer shall pay the employee wages, compensations, and all other money and valuables within 14 days from the time when the cause for the payment occurred unless there exists an agreement on the extension of the due date between the parties concerned. However, the employee retired from his/her workplace from office from October 25, 2012 to December 10, 2013.

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