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Reasons
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(영문) 청주지방법원 제천지원 2015.09.10 2015고단324
근로기준법위반
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Defendant shall be punished by a fine of four 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 is a personal constructor who has constructed reinforced concrete construction work by ordinarily employing 20 workers at the construction site of officetels and tenement houses located in B at the same time.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money and valuables within 14 days after the cause for such payment occurred, unless there exists an agreement between the parties on the extension of the fixed date.

Nevertheless, the Defendant did not pay 2,50,000 wages of C from December 8, 2014 to January 30, 2015, monthly wage of 2,550,000 from January 1, 2015, within 14 days from the date of his/her retirement without an agreement on extension of the payment due date, and did not pay 46,410,000 wages of 20 workers from the date of his/her retirement within 14 days from the date of his/her retirement without any agreement on extension of the payment due date.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A petition or power of attorney;

1. Application of Acts and subordinate statutes on a statement of payment of daily labor expenses;

1. Relevant Articles of the Labor Standards Act and Articles 109 (1) and 36 of the same Act concerning 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 reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the defendant's unpaid wages reach 46,410,000 won, which is disadvantageous to the defendant, and that the defendant led to the confession of the crime of this case and reflects against the defendant is favorable to the defendant.

In addition to the above circumstances, all the sentencing conditions shown in the records and arguments of this case shall be determined as per the disposition.

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