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(영문) 춘천지방법원 원주지원 2021.02.17 2020고정236
근로기준법위반
Text

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

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

Reasons

Punishment of the crime

The defendant, as the D representative in C, is an employer who runs a construction business using six full-time workers at the time of the Gyeonggi City.

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.

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

Nevertheless, the Defendant did not pay KRW 3,780,00,000 as wages in January 1, 2019 to January 31, 2020, and KRW 7,560,000 as wages in January 2, 2019 to January 31, 2020 between the parties without agreement on the extension of the payment period between the parties.

Summary of Evidence

1. Application of the police information Acts and subordinate statutes on daily work information, which is a petition for police statements E in the defendant's legal statement;

1. Article 109 (1) and Article 36 of the Act on the Standards for Relevant Acts concerning facts constituting an offense and Articles 109 (Selection of Punishment) of the Labor Standards Act;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The summary of the facts charged against the part dismissing the prosecution under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order is the defendant who runs a construction business using six full-time workers as D representative in Si interest.

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.

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

Nevertheless, Defendant B’s employee B’s wage of 3,520,000 from November 11, 2019 to January 23, 2019 under the above workplace without any agreement between the parties on the daily extension of the payment period, 14 days from the date of retirement.

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