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(영문) 창원지방법원 2020.04.24 2020고정156
근로기준법위반
Text

Defendant shall be punished by a fine of KRW 1,500,000.

Where a defendant fails to pay a fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is the representative of C located in G in G in G Kimnam-si, who is an employer who runs a construction business by employing one full-time worker.

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

However, from January 1, 2018 to December 22, 2018, the Defendant failed to pay the D’s wages of KRW 781,880,00 for February 2, 2018, KRW 4,840,00 for March, 660,00 for April, KRW 1,100,00 for July, and KRW 440,00 for December, and KRW 7,821,880 for year, KRW 3,150,00 for March 3, 2018, and KRW 3,60,000 for April 4, 200, and KRW 3,600 for extended payment dates between the parties without agreement on extension of payment dates.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement and written statement;

1. Application of the Acts and subordinate statutes to the details of arrears by site;

1. Article 109(1) and Article 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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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