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(영문) 서울동부지방법원 2020.10.08 2019고정1148
근로기준법위반
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Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

The defendant is an individual entrepreneur residing in Songpa-gu Seoul Metropolitan Government building B and C, who runs a construction business with eight full-time 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 is working from April 17, 2017 to April 28, 2017 at the construction site of a general building located in Gyeonggi-gu D, which is constructed by the Defendant.

A retired worker E's wage of 760,000 won in April 2017 and 4,370,000 won in total, as shown in the attached list of crimes, were not paid within 14 days without any agreement between the parties on the extension of the due date.

Summary of Evidence

1. Application of the Acts and subordinate statutes on confirmation of facts such as the Corporation's pocket book, work log, telephone, etc. to the defendant's written statement, witness E and F's written statement in the first written protocol of trial (the part concerning the defendant's and E) by the police questioning protocol (the part concerning the defendant's and E) by the police for the defendant;

1. Articles 109(1) and 36 of the former Labor Standards Act (amended by Act No. 15108, Nov. 28, 2017); 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. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. As to the assertion of the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act of the Korea Criminal Procedure Act, the complainants are G: (a) the complainants are obligated to pay wages to the complainants, such as having given a contract for the work to G; (b) the complainants were employed and engaged in work; and (c) the Defendant paid the construction price to G. The daily wage claimed by the complainants is not KRW 190,000.

Judgment

this Court.

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