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(영문) 대전지방법원 천안지원 2015.06.05 2015고정197
근로기준법위반
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

The defendant, as the representative D in Seosan-si C, is an employer who ordinarily employs 40 workers and operates a fence and septic tank construction business in Seo-gu, Seoan-gu, Seoan-gu, Seosan-si.

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

Provided, That in special circumstances, the date may be extended by mutual agreement between the parties.

Nevertheless, the Defendant, from March 4, 2014 to May 20, 2014, did not pay the total of KRW 41,900,000 as wages to 31 daily workers, as shown in the list of crimes in the attached Form, as well as KRW 41,90,000,00 from March 4, 2014 to May 20, 2014, respectively, within 14 days from the date of retirement without agreement on the extension of the due date between the parties concerned.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police in relation to F, G and H;

1. Statement on each petition;

1. Statement of confirmation of each telephone, etc.;

1. Application of Acts and subordinate statutes to the wage list for workers engaged in E apartment civil engineering works and the standard contract agreement for construction works;

1. Relevant Articles of the Labor Standards Act and Articles 109 (1) and 36 of the same Act concerning 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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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