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(영문) 대전지방법원 2018.05.04 2018고정74
근로기준법위반
Text

Defendant shall be punished by a fine of KRW 300,000.

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

Reasons

Punishment of the crime

The defendant is an individual business operator who has the address of Daejeon Jung-gu 102 Dong 1201, Jung-gu, Daejeon, who has employed three full-time workers and has executed a structural construction work at the site of the studio construction work located in Seo-gu, Daejeon.

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, the Defendant did not pay the total amount of KRW 4,750,400 as wages of KRW 2,45,400 in May 2017, and the total amount of KRW 2,295,00 in June 2017, as wages of KRW 2,75,00 in the above construction site from May 201 to June 2017, within 14 days from the date of retirement without any agreement on the extension of the payment period between the parties.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes on the details of arrears reported by business operator;

1. Article 109 (1) and Article 36 of the Act on the Standards for Preliminary Labor for Criminal Facts and Articles 109 (Selection of Punishment) of the same Act;

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

1. Consideration of the reasons for sentencing under Article 334(1) of the Criminal Procedure Act, including the circumstance that the defendant was unable to pay wages to the worker and the fact that the defendant paid the total amount of unpaid wages to the worker

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