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(영문) 창원지방법원 진주지원 2016.09.28 2016고정384
근로기준법위반
Text

Defendant shall be punished by a fine of 3.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is the representative of D's office in Sacheon-si Co., Ltd. who is operating the manufacturing business of shipbuilding machinery using ten full-time workers at the place.

When a worker dies or retires, an employer shall pay the wages, compensations, and all other money and valuables within 14 days after the cause for such payment occurred, unless the date is extended by an agreement between the parties concerned, in special circumstances.

Nevertheless, the Defendant did not pay the wages of KRW 993,190 in June 2015, the wage of KRW 5,101,609 in July 2015, the wage of KRW 4,71,609 in August 2015, the wage of KRW 2,841,776 in September 2015, the wage of KRW 3,606, the wage of KRW 1,429, the total of KRW 18,683,89 in November 2015, and KRW 1,429, the wage of KRW 18,893,89 in November 2015, without agreement between the parties to the payment.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a petition and E statements;

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. Articles 70 and 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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