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(영문) 대구지방법원 김천지원 2019.02.12 2019고정5
근로기준법위반
Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is an individual business operator who has his domicile in the counter B of Changwon-si, and is an employer who performs the business center construction by using seven 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.

Provided, That the date may be extended by mutual agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant is working from June 15, 2017 to August 8, 2017 at the above workplace.

The retirement worker did not pay the total of KRW 7,005,00 for four retired workers within 14 days from the date of retirement without an agreement on the extension of the due date between the parties, as shown in the attached list of crimes, including KRW 1,050,000, which was retired on August 9, 2017, as well as KRW 1,050,000 in August 201.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C or D;

1. Application of the relevant Acts and subordinate statutes of E, F and G of each petition;

1. Relevant Articles 109(1) and 36 of the Labor Standards Act and the choice of fines for 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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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