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(영문) 부산지방법원 2016.03.24 2015고정3811

근로기준법위반

Text

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

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

Reasons

Punishment of the crime

The defendant is an employer who runs a construction business with six full-time workers without a specific trade name.

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

Nevertheless, the Defendant, from October 3, 2014 to December 16, 2014 of the same year, worked as a snow-free worker at the site of Hoyang C New Construction that was contracted by B from around October 3, 2014, and did not pay 6,900,000 won in total, including the wages of 3,60,000,000 won in October 2014, within 14 days from the date of retirement without an agreement between the parties on the extension of the payment deadline between the parties concerned, and did not pay 19,650,000 won in total for six workers within 14 days from the date of retirement without any agreement on the extension of the payment deadline between the parties concerned.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement protocol with respect to E and D;

1. Each complaint;

1. Application of statutes on the details of money and valuables in arrears by individual;

1. Article 109 of the relevant Act on Criminal Facts, Articles 109(1) and 36 of the Standard Labor Standards Act, and the choice of a fine Hungary for a crime;

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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;