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(영문) 대구지방법원 의성지원 2017.11.16 2017고정97
근로기준법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The Defendant is an employer who employs three full-time workers at the construction site of Seongbuk-gun, the construction site of Seongbuk-gun, and operates a building business by employing five full-time workers at the construction site of Seongbuk-gun, Gyeongbuk-gun.

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.

1. From May 9, 2016 to May 18, 2016, the Defendant unpaid wages of three workers at the B construction site was working at the B construction site during the period from May 19, 2016 to May 18, 2016, and did not pay KRW 1,980,000 on May 19, 2016 of the retired workers D, as well as the amount of KRW 5,940,000 for the total wages of three retired workers, as in the case of the case Nos. 1 to 3 of the list of crimes in the attached Table, without agreement between the parties on the extension of the payment period between them, within 14 days from the retirement date.

2. From May 3, 2016 to May 27, 2016, the Defendant unpaid wages of five workers at the C Construction Site was employed as a site manager at the C Construction Site from May 3, 2016 to May 27, 2016, and the Defendant did not pay the total of KRW 10,980,000 for five retired workers as of May 28, 2016, including KRW 3,300,000, as shown in [Attachment] No. 4-8-8, as well as the date of the payment between the parties, within 14 days from the date of retirement without agreement on the extension of the payment period between the parties.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E, F, G, and H;

1. A complaint and a petition;

1. Details of the number of working days and application of statutes on the work day;

1. Article 109 (1) and Article 43 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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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