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(영문) 대전지방법원 서산지원 2017.08.17 2017고단36
근로기준법위반
Text

1. The sentence against the accused shall be 3,000,000 won;

2. The defendant does not pay the above fine.

Reasons

Punishment of the crime

The defendant is a representative who runs a construction business with 15 full-time workers in C and B01 as the representative who runs a construction business.

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 in special circumstances, the period may be extended by an agreement between the parties.

Nevertheless, the Defendant, while working as a field agent at the construction site located in Jindo-si from May 11, 2015 to February 12, 2016, did not pay KRW 2,000,000 for retired workers G on October 2015, as well as KRW 3,500,000 for the portion paid on November 2015, and KRW 3,500,000 for the portion paid on December 2015, and KRW 3,50,000 for the portion paid on January 2016, to KRW 12,50,000 for the portion paid during the payment period between the parties concerned, within 14 days from the date of retirement without agreement on the extension of the payment period between them.

Summary of Evidence

1. Each legal statement of a witness G, H, I, and J;

1. Details of working expenses, such as a labor contract, details of each entry and withdrawal transaction, current status of payment of construction workers, and advance payment;

1. A certificate, a letter, a statement of advance payment, and a recording record;

1. Determination as to the defense counsel and the defendant's assertion on the current status of the payment of D labor costs

1. The alleged Defendant paid KRW 11,50,000 in total, from November 20, 2015 to January 2016, 2015, for employees G’ wage of KRW 2,000,000, and for business suspension allowances of KRW 7,350,000 from November 20, 2015 to February 5, 2016, there is no wage or business suspension allowances payable to employees G.

2. According to the evidence revealed earlier, as indicated in the judgment, the fact that the Defendant did not pay G wages, and only can it be recognized that the Defendant paid KRW 11,50,000,000 to G, instead of wages, etc.

The defense counsel and the defendant shall not be accepted.

Application of Statutes

1. Article 109 of the relevant Act on criminal facts, Article 109 of the Standard of Optional Labor, and Article 109 of the same Act on the selective labor;

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