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(영문) 청주지방법원 2019.09.26 2019고정482
근로기준법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The defendant is the representative of C Co., Ltd. located in Seopopopo City B and is an employer who runs a lodging business with 15 regular workers.

When a worker retires, the employer shall pay him/her all money or valuables, such as wages, within 14 days from the date of such retirement, unless otherwise agreed by the parties concerned about the extension of

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

Nevertheless, the defendant works in the above workplace from September 20, 2018 to January 15, 2019.

A retired D’s wages of KRW 1,156,30 on October 2018, 2018, KRW 2,703,80 on November 2018, and KRW 4,620,40 on December 2018, and KRW 34,949,820 on January 3, 2019, including KRW 3,545,870 on December 3, 2018, and KRW 34,949,820 on January 34, 200 on January 3, 2019, were not paid within 14 days from the date on which the cause for the payment occurred, without any agreement between the parties on the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement;

1. Application of each relevant statute;

1. Articles 109(1) and 36 of the Labor Standards 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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