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(영문) 의정부지방법원 고양지원 2019.08.30 2019고단1879
근로기준법위반
Text

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

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

Reasons

Punishment of the crime

The defendant is an employer who operates C in the case of Pakistan and operates a household manufacturing business by employing workers.

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

Nevertheless, the Defendant did not pay the D wage of KRW 4,307,850, which is an employee working from July 18, 2017 to January 11, 2018 at the above workplace, within 14 days from January 30, 2018, which is the date extended between the parties to a labor contract, and the same year from January 2018.

4. Until 30.30.30, 17,847,850 won of wages of 18 workers was not paid within 14 days from the date of retirement, which is the due date, without any agreement on the extension of the due date for payment or between the parties to the labor contract, as shown in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. Each statement of D and G;

1. H’s petition;

1. Application of the power of attorney and the details of arrears;

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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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