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(영문) 전주지방법원 2020.09.09 2020고단324
근로기준법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The defendant is the representative of C Co., Ltd. in Jeonju-si B, who runs a construction business by employing four full-time workers.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within 14 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, from March 29, 2017 to April 24, 2017, the Defendant works at the construction site of D apartment constructed by C Co., Ltd.

The retired E’s wage of KRW 12,324,00,00, including wage of KRW 444,00 on April 2017, was not paid within 14 days from the date of retirement without any agreement between the parties on extension of the due date, as stated in the [Attachment] List Nos. 1,8,10,17, and 23.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Each police statement to F and E;

1. A complaint filed by 24 persons, including G;

1. Application of statutes to a subcontract for construction works, a construction performance-based contract, a statement of payment of expenses for daily labor, a copy of passbook, an unpaid statement of payment of expenses for daily labor, and a copy of a statement of payment of expenses for daily labor and account transaction;

1. Relevant Articles 109(1) and 36 of the Labor Standards Act and 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 grounds for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order are as follows, and the defendant’s age, character and conduct, environment, occupation, occupation, family relationship, motive and consequence of the crime, circumstances after the crime, etc. are considered as follows, and the punishment is determined as ordered by the order, comprehensively taking into account the following circumstances:

- The defendant has a criminal record of several times of fine due to the same crime.

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