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(영문) 청주지방법원 2020.11.12 2020고단195
근로기준법위반등
Text

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

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

Reasons

Punishment of the crime

The defendant is a person who is in charge of the management office of the Dispute Resolution E in the petition-gu D and the second floor, and is an employer who employs approximately five to six full-time workers and conducts real estate development and planning business.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money and valuables within fourteen days after the cause for such payment occurred.

Provided, That the date of payment may be extended by an agreement between the parties in special circumstances.

Nevertheless, the Defendant’s work at the foregoing workplace from June 17, 2019 to August 8, 2019.

The wage of KRW 2,450,00,00 for retirement workers F, G's monthly salary of June 2019, KRW 1,50,000 for each of the salary of July 2019, and KRW 2,50,000 for each of the salary of August 2019, was not paid within 14 days from the date of retirement, without any agreement between the parties on the extension of the due date for payment.

Summary of Evidence

1. Defendant's legal statement;

1. Each report on delayed payment of wages in F and G;

1. Application of Acts and subordinate statutes to business registration certificates;

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. Part concerning dismissal of public prosecution under Articles 70(1) and 69(2) of the Criminal Act for the confinement of a workhouse;

1. Summary of the facts charged

A. The Defendant is in charge of accounting affairs from May 15, 2018 to May 31, 2019 at the above workplace.

The wages of KRW 2,500,000 shall be the monthly salary of May 2019 and the wages of KRW 2,500 shall be from November 1, 2018 to June 21, 2019.

The retired worker H’s wage of KRW 1,260,000 for June 2019 was not paid within 14 days from the date of retirement without any agreement between the parties on the extension of the due date.

B. It shall take charge of accounting affairs from May 15, 2018 to May 31, 2019.

The retirement allowance of retired workers B is 2,559,559 won as of the date of payment without an agreement between the parties on the extension of the due date.

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