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(영문) 춘천지방법원 속초지원 2018.11.07 2018고단45
근로기준법위반
Text

Defendant shall be punished by a fine of 2.5 million won.

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

Reasons

Punishment of the crime

The defendant is a person who is a manager of C in the North Korean ports B, and runs a construction business using three daily 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.

Nevertheless, the Defendant did not pay the total of KRW 10,60,000 paid for three retired workers within 14 days from the date of retirement without an agreement on the extension of the payment period between the parties, as set out in the attached crime list, as well as KRW 4,400,00, working in two places, such as the new construction site of personal housing, located in Gosung-gun D, from November 25, 2016 to December 25, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes in the protocol of police preparation and statement to E;

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. The amount of unpaid wages for sentencing under Article 334(1) of the Criminal Procedure Act, the period for which the sentence is not paid, and other factors such as the defendant’s age, sex, environment, circumstances of the crime, means and consequence, etc., shall be determined as indicated in the Disposition above, taking into account the following factors:

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