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(영문) 인천지방법원 2020.01.10 2019고정2251
근로기준법위반
Text

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

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The defendant is the representative in Seo-gu Incheon, who runs a transportation service business using two regular workers.

When a worker dies or retires, the employer shall pay the wages, compensations, and all other money and valuables within fourteen days after the cause for such payment occurred.

Provided, That in special circumstances, the date may be extended by mutual agreement between the parties.

Nevertheless, the Defendant, at the above workplace from November 29, 2018 to January 4, 2019, did not pay the total of KRW 2,258,060,060, including KRW 2,258,060, in December 2018, and KRW 2,258,060, in January 258, 2019, within 14 days from the date of each retirement without an agreement between the parties on the extension of the payment date.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the draft D;

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. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The crime of this case on the ground of sentencing of Article 334(1) of the Criminal Procedure Act is not subject to the defendant's liability for the crime of this case because the defendant is exempted from the obligation to pay wages to workers employed in his workplace.

Until now, wages in arrears have not been paid to victimized workers and have not been agreed with by workers.

However, the defendant shows an attitude against the defendant, recognizing the crime of this case.

There is no record that the defendant has been punished for the same crime.

The health status of defendants is not good.

In the above circumstances, the defendant's age, character and conduct, family relationship, family environment, motive and means of crime, and all the sentencing conditions shown in the records and arguments of this case shall be determined as ordered by considering the following circumstances.

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