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(영문) 인천지방법원 부천지원 2019.05.17 2019고정232
근로기준법위반
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

The defendant is a person who is a manager of the Gangseo-gu Seoul Metropolitan Government Dispute Resolution D Co., Ltd., and runs a construction business using two regular workers.

When a worker 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 of payment may be extended by an agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant, at the new construction site of Kimpo-si, worked from April 20, 2018 to April 24, 2018, did not pay 850,000 won in total, G wage of F retired KRW 850,00,000, H wage of KRW 850,000, I wage of KRW 850,000, J wage of KRW 850,000, K wage of KRW 680,000, and the K wage of KRW 680,00,00 in total, within 14 days after the cause for the payment occurred without agreement between the parties to the extension of payment.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. A written statement;

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

1. Article 109(1) and Article 36 of the Labor Standards Act concerning criminal facts and Articles 109(1) and 36 of the same Act concerning the selection of fines

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

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