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(영문) 대전지방법원 논산지원 2017.11.28 2017고정179

근로기준법위반

Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

The defendant is an employer who operates a crop cultivation facility business by using six full-time workers at the construction site of a vinyl house in the farm household located in B and Chungcheongnam-gun, Chungcheongnam-si.

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 wages of KRW 375,00,00 on August 17, 2016, which was worked as work force from June 17, 2016 to November 17, 2016 at the construction site of the said plastic house, within 14 days from the date of retirement, which is the date of the occurrence of the relevant payment cause, without agreement between the parties on the extension of the payment date between the parties, including KRW 1560,00,00 for the portion wages of KRW 155,00 on September 20, 2016, KRW 585,000 for the portion wages of October 2016, and KRW 650,000 for the portion wages of KRW 3170,00,000,000 for the portion

Summary of Evidence

1. Statement by the defendant in court;

1. Some statements in the D statements;

1. Application of Acts and subordinate statutes on fact-finding (10 pages of evidence records) such as telephone calls with respect to E and D;

1. Article 109 of the relevant Act concerning criminal facts, Articles 109 (1) and 36 of the Standards for Optional Labor, and the selection of fines;

1. Article 70(1) and Article 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;