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(영문) 청주지방법원 2019.03.14 2019고정49
근로기준법위반
Text

Defendant shall be punished by a fine of 200,000 won.

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

Reasons

Punishment of the crime

The defendant is the employer who employs one full-time worker in the petition-gu C representative in the petition-gu B and engages in the pre-sale business.

The Defendant is providing labor from July 16, 2018 to September 12, 2018 at the same place of business.

Withdrawn’s wages of KRW 745,00 on July 7, 2018, KRW 3,330,000 on August 2018, and KRW 1,277,00 on September 2018, the sum of KRW 5,322,00 on September 2018 was not paid until 14 days from the date of retirement without agreement between the parties to the extension of the due date.

Summary of Evidence

1. Partial statement of the defendant;

1. Police suspect interrogation protocol of the accused;

1. A written statement;

1. The defendant asserts that he actually paid D wages of KRW 4,190,740 out of the overdue wages of KRW 5,322,00,00, and the remaining KRW 1,253,060 should be deducted from wages in arrears after the defendant paid the above money on behalf of the principal of the lodging in lieu of the expenses related to the accommodation management expenses and electricity expenses, cleaning expenses, monthly rent, etc. under D. Under special circumstances, the defendant should pay wages, compensations, and other money and valuables (Article 36 of the Labor Standards Act) within 14 days from the date on which the ground for payment occurred if a worker retires from office without extending the due date by agreement with D. Even if the defendant paid the overdue wages thereafter, the crime of violation of the Labor Standards Act is established, apart from punishment, since there is no problem in the establishment of the Labor Standards Act that the employer directly pays the wages to the worker in excess of 196,000,000.

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