logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 마산지원 2015.07.15 2015고단425
근로기준법위반
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

The defendant is the representative director of C in Sacheon-si, who is an employer as a person in charge of operating a manufacturing business by employing 15 full-time workers.

When a worker 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 total amount of KRW 4 million paid to two workers within 14 days from the date of retirement, respectively, as stated in the No. 9 and No. 10 of the detailed statement of individual wages in the attached Form, as well as the wage of KRW 2 million in June 2014, which was worked from March 1, 2014 to July 1, 2014 at the place of business located in Gyeong-gun, Gyeong-gun, Gyeong-gun, Gyeongnam-gun, without an agreement between the parties on the extension of the due date for payment.

Summary of Evidence

1. Defendant's legal statement;

1. A statement prepared by the F;

1. Application of Acts and subordinate statutes to the daily working expenses, and the attendance ledger;

1. Relevant Articles of the Labor Standards Act and Articles 109 (1) and 36 of the same Act concerning criminal facts;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) 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 this part of the facts charged is an employer who is the representative director of C in Sacheon City Co., Ltd., which employs 15 full-time workers and operates a manufacturing business.

When a worker 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, at the place of business located in Gyeong-gun, Chungcheongnam-gun, Gyeongnam-gun, 201, worked in F from January 2, 2014 to July 1, 2014.

arrow