beta
(영문) 부산지방법원 2019.05.16 2018고정1895

근로기준법위반

Text

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

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

Reasons

Punishment of the crime

The defendant, as the representative of Busan-gu B, is an employer who runs a construction business using ten full-time workers.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money and valuables, within fourteen days after the cause for such payment occurred.

Provided, That in special circumstances, the date of payment may be extended by an agreement between the parties.

Nevertheless, the Defendant did not pay KRW 900,000,00 as of December 5, 2016, when he worked as an inland tree from December 5, 2015 to December 8, 2016 at the site of the new construction of electric power plant D, Gyeong-gun, Gyeong-gun, without an agreement between the parties on the extension of the due date for payment between the parties.

Summary of Evidence

1. Legal statement of witness E;

1. A protocol concerning the police interrogation of the accused;

1. Application of the output reporting statute;

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

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.