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(영문) 부산지방법원 동부지원 2020.02.06 2018고정896
근로기준법위반
Text

Defendant shall be punished by a fine of two million won.

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

Reasons

Punishment of the crime

The defendant is the actual representative of E and F in Busan-gun, and is the employer who runs a construction business with four full-time workers at a large construction site, such as Ggymna in Busan-gu, Busan-gu, and Hamsan-si, Busan-si.

When a worker dies or retires, an employer shall pay the wages, compensations, retirement allowances, and all other money and 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 works at the above construction site.

As stated in the list 3 through 8 of the detailed statement of the amount in arrears with each individual, including one million won of the retired I, the total of 5,160,000 won was not paid within 14 days from the date of retirement, without any agreement between the parties on the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement to I and J;

1. Each written petition and each written statement;

1. The details of each day, each telephone, etc. confirmation contents, and the application of each law on business registration certificate; and

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. The dismissal part of the prosecution under Article 334 (1) of the Criminal Procedure Act

1. The summary of this part of the facts charged is the actual representative of E and F in Busan-gun, who is an employer who runs a construction business with four full-time workers at a large construction site, such as Ggymna in Busan-gu, Busan-si, and Hamsan-si, Yangsan-si.

When a worker dies or retires, an employer shall pay the wages, compensations, retirement allowances, and all other money and valuables within 14 days after the cause for such payment occurred.

except in special circumstances.

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