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(영문) 수원지방법원 안산지원 2018.07.19 2018고정371
근로기준법위반
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is the representative director of C Co., Ltd. located in B at broad time, and is the employer who has subcontracted the steel reinforced concrete construction work at the new E-construction site located in Young-si and has performed the construction work with nine full-time workers.

If a worker dies or retires, the employer shall pay the wages, compensations, and all other money and valuables within 14 days from the date on which the cause for such payment occurred, but the Defendant did not pay the total amount of KRW 32,521,000 to the worker F, who worked from January 11, 2017 to January 18, 2017 at the above construction site, as well as KRW 720,00,000, as shown in the list of crimes in the attached Table, within 14 days from the date on which the cause for such payment occurred, without any agreement between the parties on the extension of the payment period.

Summary of Evidence

1. Statement by the defendant in court;

1. Each petition of G, H, I, J, K, L, F, and M;

1. Application of each statute of the N, G, M, H, L, and F

1. Article 109 of the relevant Act concerning criminal facts, Articles 109 (1) and 36 of the Standards for Optional Labor, and the selection of fines;

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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