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(영문) 의정부지방법원 고양지원 2017.09.14 2017고정748
근로기준법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant, as the owner of the C's office located in Pakistan, is a constructor who is a contractor who is employed by 15 full-time workers by receiving a subcontract for the 410 million Korean Won from sight comprehensive construction (ju) without a construction business license at the construction site of the D's government-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.

Provided, That the payment date may be extended by an agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant did not pay the retirement worker E’s wages of 520,000 won in December 2015, 2015, the monthly wage of 4,000,000 won in January 2016, and the monthly wage of 3,360,000 won in February 2016, and the monthly wage of 3,840,000 won in March 2016, and the total of 13,48,90,000 won in April 1, 2016, as indicated in the attached Table including the details including KRW 13,48,00,00 in arrears of money and valuables under the name of the retired worker 11, as well as KRW 13,48,906,00 in April 20, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol by the police for E;

1. Application of Acts and subordinate statutes on a petition;

1. Article 109 (1) and Article 36 of the Act on the Standards for Relevant Acts concerning facts constituting an offense and Articles 109 (Selection of Punishment) of the Labor Standards Act;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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