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(영문) 인천지방법원 2020.02.11 2019고정2306

근로기준법위반

Text

Defendant shall be punished by a fine of 300,000 won.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The defendant is the actual manager of C Co., Ltd. in Gyeyang-gu, Youngyang-gu, Gyeonggi-gu, who operates telecommunications construction business with two regular workers.

When a worker retires, the employer shall pay all money and valuables, such as wages, within fourteen days after the cause for such payment occurred.

Nevertheless, the Defendant did not pay the total of KRW 660,000 from the date of retirement within 14 days from the date of retirement without an agreement on the extension of the due date between the parties, between March 22, 2019 to March 30, 2019 and March 22, 2019.

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. Application of the police protocol of statement to F;

1. Article 109(1) and Article 36 of the Labor Standards Act concerning criminal facts and Articles 109(1) and 36 of the same Act concerning the selection of fines

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

1. The crime of this case on the ground of sentencing under Article 334(1) of the Criminal Procedure Act is exempt from the obligation of the Defendant to pay wages to workers employed in his workplace, and the crime is not less exceptionally.

Until now, wages in arrears have not been paid to victimized workers and have not been agreed with the victimized workers.

On the other hand, the Defendant has no record of criminal punishment until now.

(This circumstance seems to have been reflected in the fine amount of the summary order). The above circumstances include the defendant's age, character and conduct, family relationship, home environment, motive and means of the crime, and all the sentencing conditions as shown in the proceedings and arguments, such as the circumstances after the crime, and determine the punishment as ordered.