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(영문) 수원지방법원 평택지원 2019.10.18 2018고단1702

근로기준법위반

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The Defendant, as the R representative in Pyeongtaek-si Q, is a user who runs a construction business using ten full-time workers.

When a worker dies or retires, the employer shall pay the wages, compensations, and all other money and valuables within fourteen days after the cause for such payment occurred.

Nevertheless, the defendant works from June 11, 2018 to June 16, 2018 at the above workplace.

As indicated in the [Attachment 1] List 2, 3, 4, and 6, including the wage of 900,000 won of retired workers on June 6, 2018, the total amount of 17,90,000 won for four workers was not paid within 14 days from the date of retirement without any agreement on extension of payment due date between the parties concerned.

The Defendant, as the R representative in Pyeongtaek-si Q, is a user who runs a construction business using ten full-time workers.

When a worker dies or retires, the employer shall pay the wages, compensations, and all other money and valuables within fourteen days after the cause for such payment occurred.

Nevertheless, the defendant works in the above workplace from July 1, 2017 to July 26, 2018.

As indicated in the [Attachment 2] List of Crimes Nos. 1, 6, 7, 13, and 16, the total wage of 16,237,480 won, including the wage of 1,60,00,000 won on December 2017, did not be paid within 14 days from the date of retirement without an agreement between the parties on extension of the due date.

Summary of Evidence

1. The defendant's legal statement "2018 Highest 1702";

1. The police statement of U, S and V "2018 Highest 1828";

1. K’s petition and list of petitioners;

1. H’s petition and list of petitioners;

1. Application of the police statement law to T and V

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, Article 38(1)2 and Article 50 of the Criminal Act shall apply to concurrent crimes;