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(영문) 춘천지방법원 속초지원 2015.12.23 2015고정109
근로기준법위반
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who resides in Gangwon-si B Apartment 1507 and engages in construction business without a business registration certificate or trade name. The defendant is a user who operates construction business by making seven full-time workers at the site of new construction of a private house located in Gangwon-gun C.

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 an agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant did not pay the total amount of KRW 7,579,000 for seven workers, as shown in the list of crimes in the attached Table, as well as KRW 2,100,000, working for D from June 14, 2014 to August 7, 2014 at the above site, within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without agreement between the parties on the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Each petition of D, E, F, G, H, I, and J;

1. Application of Acts and subordinate statutes to each work statement;

1. Articles 109(1) and 36 of the Labor Standards Act concerning criminal facts, and selection of fines, respectively;

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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