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(영문) 수원지방법원 2020.11.26 2020고단3536
근로기준법위반
Text

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

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

Reasons

Punishment of the crime

The defendant is an individual constructor who resides in Yongsan-si B and C and is engaged in non-establishment and dismantling business.

When a worker dies or retires, the employer shall pay the wages, retirement allowances, and all 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 did not pay the total of KRW 10,120,000 of the wages in arrears of 18 workers within 14 days from the date of retirement without agreement on the extension of the payment deadline, as shown in the attached Table of Crimes, as well as the total of KRW 10,540,000 of the worker’s wages in arrears, as shown in the attached Table of Crimes, at the construction site located in Gi-gun from April 12, 2019 to April 15, 2019, from April 23, 2019 to April 26, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes on personnel expenses;

1. Article 109(1) and Article 36 of the former Labor Standards Act (amended by Act No. 16270, Jan. 15, 2019); and the choice of fines for a crime

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. It is so decided as per Disposition by comprehensively taking account of all the conditions of sentencing indicated in the records of the instant case, including the sum of unpaid wages for the reason of sentencing under Article 334(1) of the Criminal Procedure Act, the criminal records of the Defendant, and the recognition of the

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