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(영문) 수원지방법원 안산지원 2021.01.22 2019고단4825
근로기준법위반
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

The defendant is an employer who operates a private construction company using 20 full-time workers in the Gyeonggi-do Si Si, Gyeonggi-do.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money and valuables within 14 days after the cause for such payment occurred, unless there exists an agreement between the parties on the extension of the due date for payment.

Nevertheless, the Defendant did not pay KRW 2,80,000, total of KRW 1,800,000 on August 1, 2018, 2018 of G working from August 1, 2018 to September 12, 2018, and KRW 2,880,000 on September 9, 2018, within 14 days without agreement on the extension of the payment period between the parties.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Application of Acts and subordinate statutes governing fact-finding, such as a authenticity and a summary statement by telephone;

1. Relevant provisions of the Acts concerning facts constituting an offense, Articles 109 (1) and 36 of the Standard of Optional Labor, and the choice of a fine for a fine (where wages in arrears are deposited with a victim, consideration shall be given);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The part dismissing a public prosecution under Article 334(1) of the Criminal Procedure Act against the order of provisional payment

1. The summary of the facts charged is that the Defendant is an employer who employs 20 full-time workers in Gyeonggi-do, and operates a private construction company; in the case of a retired worker, the Defendant is obligated to pay wages within 14 days from the time when the cause for payment occurred, unless there exists an agreement between the parties on the extension of the due date for payment. However, the Defendant did not pay wages within 14 days from July 1, 2018 to August 31, 2018 of B-B who worked at the construction site of the F Building in Gyeonggi-do, for the period from July 1, 2018 to August 31, 2018; the amount of wages of 4,000,000,000 won; and C-B who worked from August 1, 2018 to August 30, 2018 to August 30, 2018 without an agreement between the parties on the extension of the due date for payment.

2. The above facts charged are subject to Articles 109(1) and 36 of the Labor Standards Act.

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