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(영문) 인천지방법원 2016.10.27 2016고정2247
근로기준법위반
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A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

[The part against 2016 High Court Decision 2545] The defendant is an individual constructor who has his/her domicile in H and third floor in the Nam-gu Incheon Metropolitan City and runs a construction business with five regular workers.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money and 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 worked from November 26, 2015 to January 4, 2016 at the site of the Nam-gu Seoul Special Metropolitan City I Loans and did not pay KRW 1,840,000 as wages in December 2015, and KRW 2,010,000 as wages in January 2016, and KRW 170,000 as wages in December 31, 2015 to December 24, 2015, and paid KRW 3,060,000 as wages in December 31, 2015 to December 24, 2015.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the respective laws and regulations of J and K;

1. Relevant Articles 109(1) and 36 of the Labor Standards Act and the choice of fines for criminal facts;

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 dismissal part of the prosecution under Article 334 (1) of the Criminal Procedure Act

1. The summary of the facts charged in this part of the charges [the part against 2016 high-scale 2247] The Defendant worked from November 20, 2015 to January 5, 2016 at the scene of an individual housing construction project conducted by himself/herself, and the retired employee C’s wage amounting to 3,200,000 won, including five retired employee’s wage amounting to 14,00,000 won, as shown in the list of crimes in the attached Table, did not pay each of them within 14 days from the date of retirement without any agreement on extension between the parties’ payment dates.

2. Determination:

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