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(영문) 부산지방법원 동부지원 2019.08.14 2019고단650
근로기준법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The defendant is an employer who runs a construction business by employing at least 13 workers who work without a specific trade name at the site of a building project for a building project for a building project for a reinforced B individual house.

The Defendant has worked at the construction site from August 13, 2018 to September 18, 2018.

In addition to the failure to pay a total of KRW 2,845,00 for retired C’s wages, the employer did not pay KRW 31,975,000 for the same period as indicated in the attached list of crimes, and did not pay KRW 31,975,00 for the same period within 14 days from each retirement date without any agreement on the extension of the due date

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police with respect to C and D;

1. Application of each complaint filed, details of arrears, and wage ledger-related Acts and subordinate statutes;

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. The sentencing of Article 334(1) of the Criminal Procedure Act of the provisional payment order shall be determined as ordered in consideration of all the circumstances, including the developments leading up to the failure to pay wages, etc., unpaid amount, and criminal records;

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