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(영문) 부산지방법원 2020.08.19 2020고정651
근로기준법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The defendant is the representative director of the LAB in Busan Dong-gu, who is an employer as a person in charge of business management who operates a construction business with five full-time workers.

An employer shall pay wages, compensations, and other money and valuables within 14 days from the date of retirement or death of a worker.

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

Nevertheless, the Defendant is working from December 4, 2018 to January 15, 2019 at the new construction site of Busan Shipping Daegu D.

The retired E's total amount of 16,720,000 won was not paid within 14 days from the date of retirement without an agreement on extension of the due date, as shown in attached Table 5, including the personal arrears of 5,060,000 won on December 2, 2019.

Summary of Evidence

1. Application of the police's written statement concerning the defendant's legal statement E and the Acts and subordinate statutes governing business registration inquiry;

1. Article 109 (1) and Article 36 of the Labor Standards Act applicable to the relevant criminal facts and Articles 109 (1) and 36 of the same Act;

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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