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(영문) 서울남부지방법원 2014.10.28 2014고정2820

근로기준법위반

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The Defendant, as a non-licensed constructor, was a user who carried out construction of reinforced concrete at the site of installation work of automatic waste collection center in D association B or C when light is located.

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, while working at the above construction site from March 6, 2009 to May 20, 2009, did not pay the total of KRW 6,600,000 as wages of March 2, 2009 of retired workers E, and KRW 2,640,000 as wages of April 2, 2009, and KRW 1,800,000 as wages of May 2009 and KRW 6,60,000 as wages of May 2, 2009 without agreement on the extension of the payment date.

In addition, the Defendant did not pay the total of 68,820,000 wages of 35 workers, including E, including E, within 14 days from the date of each retirement without agreement on extension of the due date, as stated in the attached Form.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to statements made to E and F prepared by a special judicial police officer;

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