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(영문) 부산지방법원 2020.04.10 2020고정13
근로기준법위반
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

The suspect is an employer who runs a construction business with four full-time workers at the construction site of Gyeongbuk-si, Chungcheongnam-si without a certain trade name or office while residing in the building B or C of Busan Dong-gu.

When a worker dies or retires, the employer shall pay the wages, compensations, and all 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 suspect is employed by the above construction site and has been employed by the suspect as a tree from November 30, 2017 to December 8, 2017.

Wages 1,320,000 won of retired E was not paid within 14 days from the date of retirement without agreement between the parties to the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. E statements of the police suspect interrogation protocol of the defendant

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 109(1) and Article 36 of the former Labor Standards Act (wholly amended by Act No. 15108, Nov. 28, 2017; and subsequently amended by Act No. 15108, May 29, 2018);

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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