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(영문) 인천지방법원 2016.04.29 2016고정416

근로기준법위반

Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

The defendant is a user who runs a building business using ten full-time workers in Nam-gu Incheon Metropolitan City B.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within fourteen 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, during the period from August 4, 2015 to August 23, 2015, the Defendant did not pay KRW 1,420,000 as wages of August 8, 2015, wages of KRW 1,750,000 for the same period of work, and KRW 4,920,000 as wages of KRW 1,750,000 for the same period of work between the parties without agreement on the extension of the payment date between them.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes on a petition;

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

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;