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(영문) 인천지방법원 2017.05.26 2017고정1035

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 individual who resides in Yeonsu-gu B apartment house or 104 Dong 203, and is an employer who runs a construction business with seven full-time workers.

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 did not pay 1,76,00 won, including D’s wage of KRW 1,836,00,00, which was worked as a cover of imprisonment with labor from July 1, 2016 to July 23, 2016 at the new construction site of Seongbuk-gu, Seongbuk-gu, Sungnam-si, the Sinnam-si, which was awarded a contract by the Defendant, within 14 days from the date of his/her retirement, which is the date of the occurrence of the cause for payment, without any agreement between the parties on the extension of the payment date.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. The application of the laws and regulations of the E, D, F, G, H, I, and J

1. Article 109 (1) and Article 36 of the Act on the Standards for Relevant Acts concerning facts constituting an offense, and Articles 109 (1) and 36 of the Labor Standards Act, and the choice of fines;

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;