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(영문) 수원지방법원안산지원 2020.11.12 2020고정892
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 an employer who engages in personal construction business by using daily workers for each field without regular workers while residing in subparagraphs B and C of Ansan-si.

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 the date may be extended by mutual agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant, under employment by the Defendant, did not pay the D’s wages of KRW 967,400 from March 15, 2018 to March 31, 2018, within 14 days from the date of retirement without an 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. Details of confirmation of each telephone, etc., details of service by the petitioner, and details of deposits under statutes;

1. Article 109(1) and Article 36 of the former Labor Standards Act (amended by Act No. 15108, Nov. 28, 2017);

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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