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(영문) 수원지방법원 2017.08.10 2017고정1855
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 employer who has employed two to three full-time workers and engaged in construction business, and an employer shall pay wages, compensations, and all other money and valuables within 14 days from the date of retirement, unless the parties have agreed to extend the payment deadline if the worker retires.

Nevertheless, the Defendant worked as the construction site located in Songpa-gu Seoul Metropolitan Government on February 28, 2010, the wage of KRW 170,000,000 for workers C who retired from employment as the human father on March 17, 2010, KRW 1.2 million for workers D's wage of KRW 4,050,000 for workers who retired from employment as human father on April 2, 2010, KRW 1350,000 for workers who retired from employment as human father on May 25, 2010, and KRW 1,550,000 for workers who retired from employment as human father on May 25, 2010, without any agreement between the parties on the extension of the payment date between them, and did not pay KRW 1,050,000 for workers who retired from employment as wages at the construction site within 14 days from the date of such agreement.

Accordingly, the Defendant did not pay the total of KRW 8.22,20,000 to the above six workers within 14 days from the date of occurrence of the payment cause without agreement between the parties on the extension of the payment date.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement by each labor supervisor for J, F, C, and E;

1. Application of Acts and subordinate statutes to each written complaint and petition;

1. Article 109 (1) and Article 36 of the Act on the Standards for Relevant Acts concerning facts constituting an offense, and Articles 109 (1) and 36 of the Labor Standards Act, and the choice of fines;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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