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(영문) 부산지방법원서부지원 2020.12.04 2020고정443
근로기준법위반
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

Defendant

A is an individual entrepreneur who, on July 3, 2017, performed steel d, E, F, and G with a subcontract for 465,00,000 won from C at the site of the new construction of Btel in Jin-si, Jin-si, Seoul, a company, who employs workers D, E, F, and G.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred.

Nevertheless, from December 6, 2017 to December 26, 2017, the Defendant retired from office with ironworks, etc. and did not pay KRW 7,600,000,000 in total, including D’s wages of KRW 1,80,000,000, F’s wages of KRW 2,000,000, G’s wages of KRW 2,000,000, and KRW 2,000,000, respectively, within 14 days from the date of retirement, without agreement between the parties on the extension of the due date.

Summary of Evidence

1. A protocol concerning the examination of the suspect of each of the accused, or a protocol concerning the examination of the suspect of H;

1. Application of Acts and subordinate statutes to D of a copy of the daily labor expense statement of I written self-statement of police statements, and a copy of steel contract;

1. Article 109(1) and Article 36 of the Labor Standards Act concerning criminal facts and Articles 109(1) and 36 of the same Act concerning the selection of fines

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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