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(영문) 수원지방법원 2015.06.11 2014고정3524
근로기준법위반
Text

The sentence of sentence against the defendant shall be suspended.

Of the facts charged in the instant case, B, C, D, E, F, G, H, I, J, K, L, M, N,O, P.

Reasons

Punishment of the crime

The defendant is a representative director of AP (ju) located in 905-2 of the AO building in Seongbuk-gu, Sungnam-si, who conducts landscaping construction business using 41 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 had worked from April 15, 2014 to April 30, 2014 at the site of the new construction of Q apartment in Suwon-si, and did not pay the amount of KRW 140,000,000,000,000,000 for AS’s wages, and KRW 350,000,00 for AS’s wages, within 14 days from the date of retirement

Summary of Evidence

1. Defendant's legal statement;

1. B written statements;

1. Application of business registration certificate, payment record of daily labor expenses, statutes;

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. Penalty fine of 500,000 won to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act for the inducement of a workhouse;

1. The portion concerning the rejection of prosecution under Article 59(1) of the Criminal Act (see, e.g., Supreme Court Decision 201Do134, Apr. 1, 201

1. The Defendant is an employer who conducts landscaping construction business using 41 regular workers as a representative director of AP (ju) located in 905-2 of AO building in Seongbuk-gu, Seongbuk-gu, Sungnam-si.

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 started on April 15, 2014 at the construction site of the new apartment complex located in Suwon-si.

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