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(영문) 인천지방법원 2014.05.29 2013고정1387
근로기준법위반
Text

Defendant shall be punished by a fine of KRW 1,500,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is an employer who runs a construction business with two full-time workers at D Co., Ltd. located in Suwon-si, Suwon-si C2.

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 did not pay the amount of KRW 1,582,00 in September 15, 201, the amount of KRW 3,159,00 in October 201, the amount of KRW 3,159,00 in November 201, and the total amount of KRW 7,900 in November 3, 201, the amount of KRW 7,90,00 in 200 in September 15, 201 to November 30, 201, without any agreement between the parties on the extension of the due date.

Summary of Evidence

1. Legal statement of witness F;

1. Statements made by witnesses E in the fourth trial records;

1. Application of the Acts and subordinate statutes governing the statement made by witnesses G in the seventh trial records;

1. Article 109(1) and Article 36 of the Labor Standards Act concerning criminal facts and Articles 109(1) and 36 of the same Act concerning the selection of fines

1. Articles 70 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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