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(영문) 부산지방법원 2020.06.04 2019고정1420
근로기준법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The defendant is a representative of C (main) who has a place of business in Seocho-gu Seoul Metropolitan Government, and is an employer who runs a construction business using approximately five 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 wages of KRW 1,935,483 as wages of March 12, 2018, wages of KRW 3,000,000 from April 2018 to June 2018, wages of KRW 2,100,000, wages of KRW 3,000,000,000, and wages of KRW 600,000,000 in October 2018, and wages of KRW 20,835,483 in total from November 2018 to November 6, 2018, without agreement between the parties to the payment.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statement to E;

1. Article 109(1) and Article 36 of the Labor Standards Act concerning criminal facts and Articles 109(1) and 36 of the same Act concerning the selection of fines

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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