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(영문) 창원지방법원 마산지원 2013.07.02 2013고정272
근로기준법위반
Text

Defendant shall be punished by a fine of KRW 300,000.

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

Reasons

Punishment of the crime

The defendant is a business owner who engages in construction business with the trade name of "C" while residing in 105 Changwon-si, Msanwon-si B apartment 105, using seven full-time workers.

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

Provided, That in special circumstances, the date may be extended by mutual agreement between the parties.

Nevertheless, the Defendant did not pay KRW 680,00,00, total wage of KRW 1,530,000, in total, paid KRW 1,530,000 to two workers who worked as a tree during the same period from August 20, 2012 to August 26, 2012 at the housing remodeling site located in Changwon-si, Changwon-si, the Changwon-si, the Defendant, without any agreement between the parties on the extension of the payment date, within 14 days from the date on which the cause for payment occurred.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Statement to E by the police;

1. Application of the Acts and subordinate statutes on construction work standard contract;

1. Article 109(1) and Article 36 of the Labor Standards Act concerning criminal facts and Articles 109(1) and 36 of the same Act concerning the selection of fines

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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