logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 청주지방법원 충주지원 2020.04.24 2019고단704
근로기준법위반
Text

Defendant shall be punished by a fine of KRW 400,000.

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

Reasons

Punishment of the crime

The Defendant, as an individual construction business operator, is an employer who has run a plastic house establishment business at the site of a vinyl house located in Jincheon-gun, Jincheon-gun, and E, using three regular workers at all times in the field of a greenhouse farm located in the Da.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within fourteen days after the cause for such payment occurred.

Nevertheless, the Defendant did not pay the amount of KRW 840,00 in February 1, 2017 and KRW 700,000 in February 2017 of G, who worked for day duty at the above site from February 1, 2017 to February 28, 2017, within 14 days from the date of retirement without agreement between the parties on the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. A written petition filed by two or more others;

1. Application of B’s written laws and regulations;

1. Relevant Articles of the Labor Standards Act and Articles 109 (1) and 36 of the same Act concerning 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 dismissal part of the prosecution under Article 334 (1) of the Criminal Procedure Act

1. The summary of the facts charged is that the Defendant did not pay KRW 1,500,000 in February 2, 2017, and KRW 1,500,000 in February 2, 2017, and KRW 1,50,000 in February 2, 2017, within 14 days from the date of retirement without agreement between the parties on the extension of the due date.

2. Determination:

(a) Applicable provisions of Acts: Articles 109 (1) and 36 of the Labor Standards Act;

(b) Crimes of non-compliance with an intention: Article 109 (2) of the Labor Standards Act.

(c) the submission of a written withdrawal of the petition (Complaint) by B and C after the institution of prosecution (the written withdrawal of the complaint by B clearly indicates the intention not to punish. Subsequent to the declaration of intention to withdraw it, it shall not be effective).

(d) Judgment dismissing public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;

arrow