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(영문) 대구지방법원 포항지원 2018.11.15 2018고단368

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

Defendant 368 of 2018 is an employer who has been engaged in personal construction business in Mapo-si, Northern-gun E 5th floor, etc. and has performed housing construction works with 30 full-time workers at the construction site, etc.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money and valuables within 14 days from the time when the cause for such payment occurred. However, the Defendant was employed from October 1, 2016 to October 30, 2016 at the above site and did not pay KRW 540,000 of the wages of the worker F who retired on October 10, 2016 within 14 days from the date of his retirement, and the employer did not pay KRW 90,000 for the total wages of two workers within 14 days from the date of his/her retirement without any agreement on the extension of the due date for payment between the parties.

Defendant 1 is an individual constructor who employs one full-time worker at three sites, such as the construction of personal housing in North Korea-gu G, Gyeong Young-gun E loan construction, Gyeong Young-gun, Gyeong Young-gun, Gyeong Young-gun, and Ha Young-gun, Gyeong-gu, 2018, 201.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money and valuables within 14 days from the time when the ground for such payment occurred. However, the Defendant did not pay the wages of KRW 1,520,00 for the part-time wages of KRW 2,090,000 on June 4, 2017, and the part-time wages of KRW 380,000 on November 2017, and the part-time wages of KRW 3,230,00 on December 12, 2017 to December 31, 2017, without agreement between the parties on the extension of the payment period between the parties.

Summary of Evidence

[2018 Highest 368]

1. Statement by the defendant in court;

1. Statement made by the police to J;

1. Written petition (J and four others) (2018 Highest 960);

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to I;

1. Criminal facts;