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(영문) 대전지방법원 논산지원 2018.06.26 2018고정42
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

The defendant is the actual manager of C Stock Company B 201 at the time of Chungcheongnam-gu, Chungcheongnam-gu, who has run a specialized construction business with 14 full-time workers.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within fourteen days after the cause for such payment occurred.

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

Nevertheless, the Defendant did not pay 6,415,00 won in total for 6,415,00 won from the date of retirement to 14 days from the date of retirement without agreement between the parties on the extension of the payment period between the parties, as well as 1,15,00 won in July 2014 of E ( South, 60 years old)’s work as the head of a tree group from June 27, 2014 to July 20, 2014.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of fact;

1. Application of the detailed statement of overdue wages, business registration certificate, and specification of daily labor expenses Acts and subordinate statutes;

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