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(영문) 서울서부지방법원 2019.03.28 2018고정265
근로기준법위반
Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The defendant is the representative of the Dispute Resolution Co., Ltd. in Seongbuk-gu, Sungnam-si, and is an employer who runs the construction business by employing ten full-time workers.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money or 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 did not pay the total of KRW 12,430,000 to the retired worker nine workers within 14 days from the date of each retirement without agreement between the parties, as shown in the attached crime list, as well as KRW 220,000,00,000, which was employed from August 16, 2016 to December 17, 2016 at the construction site of Yongsan-gu Seoul Metropolitan Government D, which was in progress at the above workplace, to the retired worker E, as shown in the attached crime list.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Statement of the police statement concerning F;

1. A written statement or a written petition;

1. Application of the Act and subordinate statutes on the date of output, payment record of daily labor expenses;

1. Articles 109(1) and 36 of the former Labor Standards Act (wholly amended by Act No. 15108, Nov. 28, 2017) regarding 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 argument that the Defendant and the defense counsel's argument on the claim of the provisional payment order under Article 334 (1) of the Criminal Procedure Act exists: The agreement between the Defendant and the Dispute Settlement Bank Co., Ltd. on December 7, 2016 (the principle of wage payment through consultation) and the agreement of April 18, 2017 (the direct payment of the overdue wages of KRW 7 million, the waiver of civil and criminal liability to the parties concerned) between H and seven L, including H: The agreement between the parties to the agreement of April 18, 2017 is limited to H and I, and one million won shall be limited respectively.

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