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(영문) 수원지방법원 2018.02.19 2017고정2556
근로기준법위반
Text

Defendant shall be punished by a fine of 2.5 million won.

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

Reasons

Punishment of the crime

[criminal records] On September 22, 2016, the Defendant was sentenced to six months of imprisonment and one year of suspended execution on January 16, 2018 for the violation of the Labor Standards Act in the Gwangju District Court's interest support.

[Criminal facts] The Defendant is a representative of the North-gu, Chungcheongnam-gu, Chungcheongnam-gu, and 301, who runs a construction business by using six full-time workers.

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 date may be extended by mutual agreement between the parties.

Nevertheless, the Defendant did not pay the total amount of KRW 5 million, including KRW 2.5 million in November 2016, and KRW 2.5 million in December 2016, which was worked from August 10, 2016 to December 31, 2016, within 14 days from the date of retirement without an agreement between the parties on the extension of the payment deadline.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police for E;

1. Complaint;

1. A statement on payment of labor expenses for daily use;

1. Previous conviction in judgment: Inquiry of summary information of the case and application of each statute of the judgment;

1. Article 109 of the relevant Act concerning criminal facts, Articles 109 (1) and 36 of the Standards for Optional Labor, and the selection of fines;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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