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(영문) 부산지방법원 2018.02.08 2017고정2242
근로기준법위반
Text

A defendant shall be punished by a fine of 500,000 won.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Criminal facts

Some of the facts charged were corrected.

The defendant is an employer who runs a building business with three full-time workers at a new construction site without a certain trade name.

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

Nevertheless, the Defendant, from June 20, 201 to July 5, 2016, did not pay KRW 616,000 in total, including KRW 220,000 in the part of June 20, 2016, and KRW 396,00 in the part of July 2016, and KRW 616,00 in the part of July 2016, without agreement between the parties on the extension of the payment period between the parties.

Summary of Evidence

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

1. Application of the police statement protocol law to C

1. Article 109 (1) and Article 36 of the Act on the Standards for Preliminary Labor for Criminal Facts and Articles 109 (Selection of Punishment) 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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