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(영문) 대구지방법원 서부지원 2019.03.21 2018고정17
근로기준법위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

The Defendant is an individual entrepreneur who runs a construction business with a full-time worker at the site of a new house construction project located in Gyeong-gun, Seongbuk-gun, Seongbuk-gun.

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 is working at the construction site from June 30, 2016 to July 22, 2016.

With respect to six retired workers, including the wage of KRW 2.1.6 million in July 2016, the total wage of KRW 4.955 million was not paid within 14 days from the date of retirement without an agreement on extension of the due date between the parties, as shown in the list of crimes.

Summary of Evidence

1. Partial statement of the police interrogation protocol of the accused;

1. Partial statement of the accused's written statement;

1. The authenticity statement to C and the statement of the representative of the complainant;

1. A complaint and a petition;

1. The details of arrears by individual and the application of Acts and subordinate statutes on payment records of daily labor expenses;

1. Article 109(1) and Article 36 of the former Labor Standards Act (amended by Act No. 15108, Nov. 28, 2017); 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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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