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(영문) 제주지방법원 2019.09.05 2018고정462
근로기준법위반
Text

Defendant shall be punished by a fine of KRW 300,000.

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

Reasons

Punishment of the crime

The defendant is an employer who employs two regular workers and runs an individual building business.

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 from February 5, 2018 to February 26, 2018.

60,000 won of wages C of retired workers was not paid within 14 days from the date of retirement of the worker concerned without an agreement on the extension of the due date for payment.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes governing confirmation of telephone and other facts;

1. Article 109(1) and Article 36 of the Labor Standards Act concerning criminal facts, and the choice of fines;

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

1. The dismissal part of the prosecution under Article 334 (1) of the Criminal Procedure Act

1. The summary of the facts charged is an employer who employs two full-time workers and engages in personal building business.

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 from September 22, 2017 to September 30, 2017.

Without agreement on the extension of the date of payment, 600,000 won of retired workers D's wages did not be paid within 14 days from the date of retirement of the worker concerned.

2. To examine the judgment, this part of the facts charged is an offense falling under Articles 109(1) and 36 of the Labor Standards Act, and is against the clearly expressed will of the victimized employee under Articles 109(2) and 36 of the Labor Standards Act.

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