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(영문) 의정부지방법원 2018.11.08 2018고정1242

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 a personal constructor who resides in B 103 dong 402 and runs a construction business on a regular basis by employing more than 20 workers.

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 in special circumstances, the date may be extended by mutual agreement between the parties.

Nevertheless, the Defendant did not pay the total of KRW 4,275,00, KRW 00 on the total of KRW 1,520,000 on September 2, 2017, and KRW 1,95,00 on October 2017, and KRW 760,00 on October 1, 2017, and KRW 4,275,000 on the monthly wage of KRW 0,00 on August 7, 2017, from August 7, 2017 to November 4, 2017, and KRW 1,520 on the daily wage of KRW 0,00 on the daily wage of KRW 1,5,00, KRW 00 on August 1, 201, KRW 0 on the daily wage of KRW 10,00 on August 1, 207 to November 2, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement made to H and I;

1. Application of each statute on the details of unpaid wages;

1. Article 109(1) and Article 36 of the relevant Act and the former Labor Standards Act (Amended by Act No. 15108, Nov. 28, 2017);

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is deemed to be against the Defendant, while recognizing the facts charged. Meanwhile, the instant workers seem to have not received wages up to the present day, the amount of unpaid wages, and other matters by the Defendant.