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(영문) 부산지방법원 2018.04.13 2017고정2127

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 is the representative of the C in the Geum-gu Busan Metropolitan City, and is the employer who runs the construction business with two full-time workers at four sites, such as construction of new houses located in D in the Busan Metropolitan City, Gun.

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, the Defendant did not pay the total of KRW 11,760,000 in arrears amounting to 11,760,000 in the attached Form 7 employees, as well as the amount of KRW 2,310,00,00 of the E’s wages retired from the Defendant’s work site from May 5, 2016 to June 3, 2016, within 14 days from the retirement date, which is the date on which the cause for the payment occurred, without agreement between the parties to the extension of the payment date.

Summary of Evidence

1. A protocol concerning the interrogation of each police suspect against the accused;

1. Statement made by the police with regard to F;

1. A detailed statement of the money and valuables in arrears by individual;

1. Application of Acts and subordinate statutes on demand for personnel expenses, passbooks, sets and text messages;

1. Articles 109 (1) and 36 of the Labor Standards Act concerning facts constituting a crime;

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

1. Articles 70 and 69 (2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;