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(영문) 부산지방법원 서부지원 2018.05.04 2018고단325
근로기준법위반
Text

Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The defendant is the representative director I of the K 502 K in Chungcheongnam-si, Kim Jong-si, who is an employer as a person in charge of business management who ordinarily employs four workers.

When a worker dies or retires, an employer shall pay the wages, retirement allowances, compensation, and all other money and 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 K's wages of KRW 3,628,780, who worked from November 2, 2016 to December 26, 2016 on the spot of Busan Gangseo-gu's house work, within 14 days from the date on which the cause for the occurrence of the payment occurred without an agreement between the parties on the extension of the payment deadline.

Summary of Evidence

1. Statement by the defendant in court;

1. A written petition;

1. Application of Acts and subordinate statutes on unpaid money and valuables to individuals;

1. Articles 109 (1) and 36 of the Labor Standards Act concerning facts constituting a crime;

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

1. The part dismissing a public prosecution under Article 334(1) of the Criminal Procedure Act against the order of provisional payment

1. The summary of the facts charged is that the Defendant did not pay KRW 14,393,80,000, total of six employees, as shown in the attached Form No. 1, 2, 3, 4, 6, and 7, as well as the attached Form No. 1, 2, 3, 4, 6, and 14 days from the date of occurrence of the cause of the occurrence of the cause of the payment, without any agreement between the parties on the extension of the payment deadline, within 14 days from the date of occurrence of the cause of the payment.

2. Determination

(a) Crimes of non-violation of intention: Article 109 (2) of the Labor Standards Act;

B. Submission of a written application for the punishment of a victim on April 18, 2018 after institution of the prosecution;

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