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(영문) 청주지방법원 2019.01.10 2018고정532

근로기준법위반

Text

Defendant shall be punished by a fine of KRW 3,500,000.

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

Reasons

Punishment of the crime

The defendant is a third representative director of a stock company located in B at Cheongju-si, who runs a construction business with five regular workers.

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

Provided, That the date of payment may be extended by an agreement between the parties in special circumstances.

Nevertheless, the Defendant did not pay the total of KRW 33,300,000 to 14 days from the date of retirement within 14 days from the date of retirement, as stated in the list of crimes Nos. 2 (except No. 7H) as well as the amount of KRW 3,750,00 of the J’s wages working from November 1, 2017 to November 30, 2017 at the site of the International Hotel New Airport at the time of early arrival, as well as the amount of KRW 3,750,00 of the wages of 10 retired workers.

Summary of Evidence

1. Defendant's legal statement;

1. A true G statement;

1. Application of Acts and subordinate statutes to make a report on research data;

1. Relevant Articles 109(1) and 36 of the Labor Standards Act and the choice of fines for 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 Defendant in this part of the facts charged is the C representative director of a corporation in the petition-gu B, Cheongju-si, who runs a construction business with five regular workers.

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

Provided, That the date of payment may be extended by an agreement between the parties in special circumstances.

Nevertheless, the Defendant’s wages of G 4,250,000 won from November 1, 2017 to November 30, 2017 at the site of a new hotel construction work at the time of early arrival.