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(영문) 서울동부지방법원 2019.09.27 2019고정525
근로기준법위반
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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 a personal constructor residing in Seongdong-gu Seoul Metropolitan Government, who runs a construction business (theme) in Seongbuk-gu Seoul Metropolitan Government D with four regular workers.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money and valuables within fourteen 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 7,260,000 from the date of retirement within 14 days from the date of retirement without an agreement between the parties to the extension of the payment deadline, as well as the total amount of KRW 7,260,00 for three construction daily workers, including the wage of KRW 2,420,00,00, paid from December 14, 2017 to December 30, 2017.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of special judicial police officers against B;

1. Application of Acts and subordinate statutes on a petition;

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 sentencing reasons under Article 334(1) of the Criminal Procedure Act of the provisional payment order include the fact that the defendant paid all wages to workers, the defendant reflects his fault in depth, and the punishment as ordered is determined by taking into account all the sentencing conditions shown in the trial of this case.

Public Prosecution Rejection Parts

1. The Defendant is a personal constructor who resides in Seongdong-gu Seoul Metropolitan Government and has run a construction business (themeology) in Seongbuk-gu Seoul Metropolitan Government D with four regular workers.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money and valuables within fourteen days after the cause for such payment occurred.

except in special circumstances.

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