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(영문) 인천지방법원 2018.12.07 2018고정2388

근로기준법위반

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The defendant is a personal constructor who resides in the Nam-gu B and 101 in Incheon, and is an employer who runs a construction business using a daily worker.

When an employee retires, an employer shall pay wages, compensations, and other money or valuables within 14 days from the date on which 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 30,000,000 won, including the sum of D’s wages during the same period of work from May 1, 2017 to December 5, 2017, at the site of the construction work of the Namyang-si, Nam-si, the Defendant executed by the Defendant, within 14 days from the date on which the grounds for payment occurred without an agreement between the parties on the extension of the payment date, as shown in the list of crimes in the attached Table.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the truth or the authenticity;

1. Written petition of D;

1. Application of Acts and subordinate statutes governing fact-finding, including telephone;

1. Article 109(1) and Article 36 of the relevant Act and the former Labor Standards Act (Amended by Act No. 15108, Nov. 28, 2017); and the choice of fines, respectively, for criminal facts

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;