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(영문) 청주지방법원 2013.08.29 2013고정628
근로기준법위반
Text

A defendant shall be punished by a fine of 500,000 won.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is the representative C in the Chungcheong-gun B, who is a full-time worker and operates a man-made fishery business.

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 is working as early as from November 14, 2012 to the 23th day of the same month at the construction site for personal housing remodeling conducted by the said workplace.

The retired E's wages of 1,500,000 won in November 2012, and the amount of his/her work as early as from November 14, 2012 to December 23, 2012.

On November 2012, 201, the retired F's total wage of KRW 2,200,000,000 for two retired workers, including wage of KRW 700,000, has not been paid for the extension of the due date without agreement between the parties concerned.

Summary of Evidence

1. Partial statement of the defendant;

1. Police suspect interrogation protocol of the accused;

1. Application of the respective Acts and subordinate statutes to the E and F statements;

1. Relevant Articles of the Labor Standards Act and Articles 109 (1) and 36 of the same Act concerning 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 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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