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(영문) 수원지방법원 성남지원 2019.11.28 2019고정822
근로기준법위반
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A fine of two million won shall be imposed on a defendant.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

The defendant is the representative director of Q Q Co., Ltd., who had P of the O building in Southern City, and is the user who runs landscaping business at the construction site of the S landscaping facility located in the R in Chungcheongnam-si with eight regular workers at all times.

When a worker dies or retires, the employer shall pay the wages, compensations, 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 15,99,00 to 45 workers, such as T, etc., including KRW 450,00,00, which worked from March 18, 2019 to March 25, 2019 at the above site, within 14 days from the date of retirement without agreement between the parties to the extension of the due date for payment.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of U and V;

1. Application of Acts and subordinate statutes (45 persons, such as the U.S.);

1. Article 109(1) and Article 36 of the former Labor Standards Act (amended by Act No. 16270, Jan. 15, 2019); 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. The dismissal part of the prosecution under Article 334 (1) of the Criminal Procedure Act

1. The summary of the facts charged in this part of the facts charged is that the defendant as the employer did not pay the worker B’s wages of KRW 2,250,000, KRW C’s wages of KRW 2,250,000, KRW D’s wages of KRW 2,250,000, KRW F’s wages of KRW 2,250,000, KRW G’s wages of KRW 3,300,000, KRW H’s wages of KRW 2,450,00, KRW 1,190,000, KRW J’s wages of KRW 2,250,00, KRW 2,250,000, KRW L’s wages of KRW 2,250,000, KRW 2,50,000, KRW M’s wages of KRW 2,250,000, KRW N’s wages of KRW 250,000, KRW 2010.

2. Grounds for dismissing public prosecution;

(a) Applicable provisions of Acts: Article 109(1) and (3) of the Labor Standards Act;

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