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(영문) 창원지방법원 2015.10.07 2015고정811
근로기준법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The defendant is an employer who operates educational service business as the representative of the Do driving school Do driving campus in the second floor of the Do driving school in the 2nd floor of the Gyeongnam-si, Changwon-si.

When a worker dies or 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, from March 2, 2013 to January 31, 2014, the Defendant worked as an English instructor at the pertinent private teaching institute and did not pay the total of KRW 1,500,000 paid monthly wages of August 2013, 2013, KRW 1,600,000 paid monthly wages of September 2013, KRW 1,600,000 paid monthly wages of October 2013, KRW 1,500,000 paid monthly wages of November 2013, KRW 1,50,000,000 paid monthly wages of December 2013, and KRW 9,200,000 paid monthly wages of KRW 1,50,000 paid monthly wages of January 2014, and KRW 1,200 paid between the parties concerned without agreement on the extension of payment period.

Summary of Evidence

1. Partial statement of the defendant;

1. A written statement;

1. Qua of promise to pay money and goods;

1. Application of Acts and subordinate statutes to investigative reports (report on confirmation of details of payment of wages);

1. Relevant Article of the Acts concerning facts constituting an offense, and Articles 109 and 36 of the Labor Standards Act selection of penalties;

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

3. Article 334 (1) of the Criminal Procedure Act.

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