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(영문) 청주지방법원 2019.08.29 2019고정337
근로기준법위반
Text

Defendant shall be punished by a fine of KRW 300,000.

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

Reasons

Punishment of the crime

The defendant is the actual manager of C in the Chungcheongbuk-gun B, who has been engaged in wholesale and retail business of fishery products with three regular workers.

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, the Defendant, at the above workplace from August 28, 2018 to November 27, 2018, worked as a fishery product sales worker and retired from the same workplace as wages of 3,000,000 won in November 6, 2018 and from the same workplace from September 6, 2018 to November 6, 2018, did not pay 1,90,000 won in November 2018 within 14 days from each retirement date without agreement between the parties on the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

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

1. Articles 109(1) and 36 of the Labor Standards Act concerning criminal facts, and selection of fines, respectively;

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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