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(영문) 부산지방법원 서부지원 2020.06.24 2020고정161
근로기준법위반
Text

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

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

Reasons

Punishment of the crime

The defendant is an employer as an individual constructor who runs a construction business without a certain trade name.

When a worker retires, the employer shall pay all money and valuables, such as wages, 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, as employed by the Defendant, is working as a wooden course from November 21, 2018 to November 25, 2018 at the site of civil engineering works at the solar power plant located at the entrance and b of the Gyeongnam Development Group B.

The retired C's work shall be 900,000 won in November 2018 and shall be in the same period.

D's retired D's wages of 900,000,000 won in November 2018, and as from November 20, 2018 to November 26, 2018.

The retired E did not pay 3,165,000 won in total, including 1,365,000 won in November 2018, within 14 days from the date on which the cause of the occurrence of the payment occurred, without any agreement between the parties on the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. A complaint filed by C and a petition filed by C;

1. Details of confirmation of telephone, etc. (C and 11 pages of investigation records);

1. Application of Acts and subordinate statutes on the statement of payment of daily labor costs to the solar light site;

1. Relevant Articles 109(1) and 36 of the Labor Standards Act and the choice of fines for criminal facts;

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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