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(영문) 수원지방법원 성남지원 2020.06.17 2020고정159

근로기준법위반

Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is the actual business owner of the D Co., Ltd. located in Seo-gu building C of Daejeon, who runs a construction business, etc. using seven regular 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 did not pay KRW 3,00,00,000, monthly wage of February 2, 2018, monthly wage of KRW 3,000,000, monthly wage of KRW 800,000, monthly wage of KRW 564,610, and other money and valuables in arrears of KRW 564,610, as well as KRW 7,364,610 within 14 days from the date on which the cause for the payment occurred, without agreement on the extension of the due date for payment by the party.

Summary of Evidence

1. The protocol of special judicial police officer's statement E of the defendant;

1. Application of Acts and subordinate statutes on confirmation of delayed payment of wages, wage ledger, and employment income withholding receipt;

1. Article 109(1) and Article 36 of the former Labor Standards Act (amended by Act No. 16270, Jan. 15, 2019); the choice of fines for criminal facts;

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

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