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(영문) 대구지방법원 상주지원 2019.06.11 2019고정20
근로기준법위반
Text

Defendant shall be punished by a fine of KRW 500,000.

Where the defendant does not pay the above fine, only 10 days shall be one day.

Reasons

Punishment of the crime

The defendant is a real representative of the week B(C) located in Seodaemun-si and is an employer who runs a construction business by employing five full-time workers.

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.

Nevertheless, the Defendant did not pay KRW D-2,840,00 on March 28, 2018, which worked from December 20, 2017 to March 28, 2018 under the above workplace, within 14 days from the date of retirement when the cause for payment occurred without an agreement between the parties on the extension of the due date.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of D police statement;

1. Application of the Acts and subordinate statutes to the complaint;

1. Articles 109 (1) and 36 of the Labor Standards Act concerning facts constituting an offense;

1. Selection of an alternative fine for punishment;

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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