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(영문) 인천지방법원부천지원 2020.11.04 2019고정1013

근로기준법위반

Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is an individual constructor in the Seo-gu Incheon Metropolitan Government F building and subparagraph G, and is an employer who runs a construction business by using six full-time workers at three construction sites, such as H, Gyeonggi-dong Two New City I, and Gangnam-gu Seoul Metropolitan Government J.

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.

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

Nevertheless, the Defendant had worked from April 17, 2019 to May 23, 2019 at the above site, and had retired from the Defendant paid KRW 3,125,00 as well as KRW 9,125,00 as stated in the attached list of crimes, as well as KRW 9,110,00,000, as well as KRW 3,125,00 in the amount of wages of K from April 17, 201 to April 23, 2019.

Summary of Evidence

1. The defendant's legal statement (the second trial date) B and each police statement made to A;

1. Application of Acts and subordinate statutes to complaint, work log, etc.;

1. Article 109(1) and Article 36 of the former Labor Standards Act (amended by Act No. 16270, Jan. 15, 2019; hereinafter the same shall apply); Articles 109(1) and 36 of the Labor Standards Act (amended by Act No. 16270, Jan. 15, 201; hereinafter the same shall apply); Articles 109(1) and 36 of the Labor Standards Act (which means payment of wages

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. The summary of the facts charged under Article 334(1) of the Criminal Procedure Act (the wage arrears for workers B, C, D, and E) of the order of provisional payment (the wage arrears for workers B, D, and E) was not paid KRW 13,015,00 in total of wages of retired workers B, C, D, and E as stated in the facts charged in the judgment.

2. Determination

(a) Applicable provisions of Acts: Article 109(1) and (3) of the Labor Standards Act;