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(영문) 춘천지방법원 영월지원 2020.01.14 2019고정54
근로기준법위반
Text

Defendant shall be punished by a fine of 1.5 million won.

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

Reasons

Punishment of the crime

The defendant is an individual constructor who resides in B and 1st century, and is an employer who conducts an engineering work by using two regular 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, employed by the Defendant, worked from July 16, 2018 to August 20, 2018 at the site of housing site preparation work in Gangwon-gun, Gangwon-gun, and retired from the Defendant, provided two wages of KRW 3,870,000, including wages of KRW 1,010,000, in August 2018 and retired E, within 14 days from the date of retirement without agreement between the parties to the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement concerning D;

1. Details of confirmation of facts, such as each petition and telephone, and application of Acts and subordinate statutes governing correction of violations of labor-related Acts;

1. Relevant Articles 109(1) and 36 of the Labor Standards Act and the choice of fines for 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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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