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(영문) 춘천지방법원 속초지원 2019.05.29 2018고단218
근로기준법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

With respect to the violation of each Labor Standards Act due to the payment of wages to workers F, G, H, and I among the 2018 Highest 218 Highest 218 Highest 2018 Highest 2018 Highest 482 (the violation of each Labor Standards Act due to the payment of wages to ten workers E, etc.), the dismissal of public prosecution was dismissed on May 1, 2019.

[2018 Highest 482] The Defendant is the representative of D Co., Ltd., Ltd., in Changwon-si, who carries on construction business by using seven full-time workers.

In the event that an employee retires, the employer shall pay all money and valuables, such as wages, within 14 days from the date on which the cause for such payment occurred. However, the Defendant failed to pay the amount of KRW 3 million in November 2017, 2017, which was worked at the construction site at the construction site located at the Sinsi J from March 17, 2017 to March 18, 2018, and the Defendant did not pay KRW 21.4 million in total, such as wages, etc., of two retired workers, within 14 days from the date of retirement without agreement on the extension of the due date, as shown in the list of crimes in the attached Table.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. G statements;

1. Application of the Act and subordinate statutes to documents, telephone statements, and fact-finding certificates;

1. Article 109(1) and Article 36 of the former Labor Standards Act (amended by Act No. 15108, Nov. 28, 2017);

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order recognizes the defendant's mistake, and there is no record of being sentenced to the defendant's punishment exceeding the fine.

The Defendant appears to have failed to pay wages to workers because of his/her failure to receive construction expenses from the executor, and endeavor to prepare a written consent to direct payment to workers after the occurrence of the instant case.

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