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(영문) 제주지방법원 2017.12.21 2017고정400
근로기준법위반
Text

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

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The defendant, as a personal architect (C representative), employs two full-time workers, is an employer who has contributed to the construction of a factory building extension project in the Kimpo-si, Kimpo-si, and a house tower in the Seopo-dong, Seopo-si, Seopo-si.

Where an employee retires, an employer shall pay wages, compensations, and other money or valuables within 14 days after the cause for such payment occurs.

Nevertheless, as the construction site for the extension of the construction site for the above Dispute Resolution D Factory Building and the office building located in Seopo-dong in Seopo-si in Seopo-si in Jeju, the Defendant did not pay KRW 3,060,000 from the construction site to September 22, 2016, and KRW 2,250,000 from the construction site to October 31, 2016, and KRW 5,310,000 from September 1, 2016 from the construction site to October 31, 2016, respectively, within 14 days from the time the grounds for payment occurred without agreement on the extension of the payment date (the retirement date).

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. Application of Acts and subordinate statutes governing mobile phone text messages;

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

1. Selection of an alternative fine for punishment;

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

1. Consideration such as the reflection of the defendant's reason for sentencing under Article 334 (1) of the Criminal Procedure Act and the absence of the same criminal record

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