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(영문) 서울동부지방법원 2020.07.23 2020고정160
근로기준법위반
Text

Defendant shall be punished by a fine of KRW 800,000.

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

Reasons

Punishment of the crime

The defendant is an individual who resides in the G Apartment H in Seosan-si and has been an employer who has executed stone construction business by using eight workers at the construction site in Gangdong-gu Seoul Metropolitan Government I (JJ and two lots).

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 is working on the construction site from January 1, 2019 to January 16, 2019.

The retired K's total amount of KRW 5,600,000,000, as shown in attached Table 1, including the wage of KRW 2,200,000 in January 2019, did not pay the total amount of KRW 5,60,000 within 14 days from the date of retirement without agreement between the parties on the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding L;

1. The written statement of the defendant (No. 44)

1. Each statement of K, M and N;

1. Details of overdue wages, and application of Acts and subordinate statutes on the date of output;

1. Articles 109(1) and 36 of the Labor Standards Act concerning criminal facts;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The charges of dismissing the prosecution of the provisional payment order under Article 334(1) of the Criminal Procedure Act are individuals who reside in the G apartment H in Seocho-si, Seocho-gu, Seoul and who carried out tin construction business by using eight workers at the construction site of Gangdong-gu Seoul Metropolitan Government I (J and two lots).

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 is above.

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