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(영문) 춘천지방법원 원주지원 2015.11.10 2015고정425
근로기준법위반
Text

Defendant shall be punished by a fine of KRW 4,000,000. If the Defendant fails to pay the said fine, then 100.

Reasons

Punishment of the crime

The defendant is the representative of C in the Guwon-si, who is an employer who operates a construction business by employing eight full-time workers at the site of new construction works for the Guri-gun D, Gangwon-si.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred.

Nevertheless, the Defendant worked for a wooden hole from November 5, 2014 to January 17, 2015, and did not pay the total of KRW 11,900,000 of the E's wages retired from office within 14 days from the date of retirement without extending the due date under an agreement between the parties, as stated in the attached list of crimes, as shown in the attached list of crimes, and did not pay the total of KRW 31,620,000 of the five workers retired from office while working at the above construction site within 14 days from the date of retirement without extending the due date under an agreement between the parties.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police officers between E and five persons;

1. Application of a copy of the current status of work for day-to-day and a copy of written confirmation;

1. Article 109 (1) and Article 36 of the Labor Standards Act applicable to the relevant criminal facts and Articles 109 (1) and 36 of the same Act;

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. The amount of wages for which the defendant has not been paid for the reason of sentencing under Article 334(1) of the Criminal Procedure Act is not certain.

However, there is no record that the defendant reflects the wrong and is punished for the same kind of crime.

Such circumstances and the defendant's age, occupation, character and conduct, the details of the crime and circumstances after the crime are committed shall be determined as per Disposition.

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