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(영문) 수원지방법원 여주지원 2020.07.28 2020고단406
근로기준법위반
Text

Defendant shall be punished by a fine of 1.5 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 actual manager of the ‘I' in the G building H in South Yangyang-si, who runs a construction business with four regular workers.

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.

The Defendant provided labor related to the foregoing workers from April 1, 2019 to May 10, 2019 at the site of the new construction of Gyeonggi-gun Jtel operated by the foregoing company, and provided the same labor as wages of K workers who retired from office from office from April 9, 2019 to April 25, 2019, and did not pay 4,900,000 won in total for the above two workers within 14 days from the date of retirement, which is the date of the occurrence of the relevant cause for the payment, without any agreement on the extension of the due date between the parties.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the offender's domicile;

1. Application of the Acts and subordinate statutes to K or L’s petition;

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

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

1. The rationale for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order shall be considered as favorable circumstances, and the fact that there are several penalties due to the same kind of crime shall be considered disadvantageous circumstances.

In this context, all the sentencing conditions under Article 51 of the Criminal Act, such as the defendant's age, character and conduct, environment, and the amount of unpaid wages, shall be determined as above.

Of the facts charged in the instant case, the part that the Defendant did not pay wages indicated in the annexed list of crimes against workers B, C, D, E, and F constitutes Article 109(1) and Article 36 of the Labor Standards Act. Since the above workers do not want the punishment of the Defendant, the public prosecution in this part is dismissed in accordance with Articles 109(2) and 327 subparag. 6 of the Labor Standards Act.

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