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(영문) 수원지방법원 2018.12.06 2018고정1128
근로기준법위반
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

The defendant is an individual constructor who runs a construction business with seven full-time workers.

When an employee retires, an employer shall pay wages, compensations, and other money or valuables within 14 days from the date on which the cause for such payment occurred.

Provided, That the payment date may be extended by mutual agreement between the parties in extenuating circumstances.

However, the Defendant did not pay the total amount of KRW 14,95,000 paid for seven workers as well as KRW 1,425,000 paid for November 16, 2017 to December 5, 2017 at the site of the construction of multi-family house in Suwon-si B in Suwon-si, Suwon-si, without any agreement on the extension of the payment period between the parties, within 14 days from the date of each retirement, as shown in the separate criminal facts in the separate criminal facts.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the true statement protocol;

1. Article 109(1) and Article 36 of the relevant Act and the former Labor Standards Act (Amended by Act No. 15108, Nov. 28, 2017);

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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