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(영문) 대전지방법원 2017.10.18 2017고단1620 (1)
근로기준법위반
Text

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

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

Reasons

Punishment of the crime

The defendant of "2017 Highest 1620" is a user who runs a construction business as the representative of the (ju)C in the Chungcheongbuk-gun B.

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 KRW 7,171,50 of the wages of E retired from office from December 20, 2015 to September 30, 2016 at the construction site of a new building in Sejong Special Self-Governing City D, which the said company had been constructed by the said company, within 14 days from the date of retirement, which is the date of the occurrence of the relevant payment cause, without agreement between the parties on the extension of the payment deadline.

The defendant of "2017 Highest 3457" is a user who runs a construction business as the representative of the (State)C located in Heung-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu.

When a worker retires, the employer shall pay wages and other money and valuables within 14 days from the date of retirement, unless there is an agreement between the parties to extend the payment date.

Nevertheless, the Defendant, despite the fact that he/she was working from October 22, 2016 to October 26, 2016 at the site of the construction of a new building in Daejeon Sung-gu, Daejeon, had not paid KRW 900,000, wage of KRW 900,000 to H, wage of KRW 360,000, wage of KRW 360,000 to I retired from work for the period from October 22, 2016 to October 23, 2016, and paid KRW 540,000 to the JJ retired from work for the period from October 24, 2016 to October 26, 2016, and did not pay KRW 540,000 to the party who retired from work for the period of up to October 23, 2016 to October 26, 2016, respectively.

Summary of Evidence

[2017 Highest 1620]

1. Statement by the defendant in court;

1. A written statement of E [2017 Height 3457];

1. Statement by the defendant in court;

1. The police in relation to G and M.

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