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(영문) 수원지방법원 성남지원 2018.07.18 2018고정470
근로기준법위반
Text

Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The defendant is the actual manager of the Dispute Resolution Co., Ltd. in Seongbuk-gu, Seongbuk-gu, and is an employer who runs a construction business using three full-time workers.

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 the parties have agreed on the extension of the due date for payment.

Nevertheless, the Defendant did not pay the total amount of wages of KRW 450,00 in October 2, 2016, the wage of KRW 600,000 in December 2016, the wage of KRW 1,650,000 in December 2016, the wage of KRW 400,000 in January 6, 2017, the wage of KRW 1,000 in February 2017, the wage of KRW 1,000 in February 2017, and the wage of KRW 20,300,000 in February 20, 2017, and the wage of KRW 4,300,000 in March 3, 2017, within 14 days from the retirement date without agreement between the parties to the payment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol by the police for E;

1. Application of the provisions of this Act and subordinate statutes to purchase secondary materials, work sites, telephone conversations, electronic tax invoices, copies of electronic tax invoices, business registration certificates, D deposit details, details of deposit transactions, details of deposit transactions, and copies of work pocketbooks;

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. The sentencing of Article 334(1) of the Criminal Procedure Act provides that the defendant has the same record as the defendant for the reason of the sentencing of Article 334(1) of the Criminal Procedure Act, there are several different opinions between the defendant and his/her employee, and the defendant’s age, sex, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., shall be determined by comprehensively taking account of the various sentencing conditions under Article 51 of the Criminal Act, which

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