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(영문) 서울북부지방법원 2018.08.24 2018고정938
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 is an individual building business operator who runs a construction business by using a daily worker at the construction site B at the time of the government.

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 date may be extended by mutual agreement between the parties in extenuating circumstances.

The Defendant did not pay 14,360,000 won in total for seven retired workers within 14 days from the date of each retirement without agreement on the extension of payment deadline between the parties, as stated in the details of the attached money and valuables in arrears, as well as C’s wage 2,250,000 won in September 19, 2016 and November 3, 2016, which had worked at the aforementioned construction site from September 19, 2016 to November 3, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against C;

1. The application of Acts and subordinate statutes according to the results of inquiry into the details of entry and departure transactions, construction sites, written agreements of construction participants, payment status, and payment status of entry and departure transactions;

1. Articles 109(1) and 36 of the Labor Standards Act concerning facts constituting a crime, 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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