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(영문) 서울북부지방법원 2013.09.05 2012고정3423

근로기준법위반

Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is an employer who has employed three regular workers to engage in construction business.

From April 29, 2011 to May 17, 2011, the Defendant is working at the site of the Seoul Seocho-gu Seoul Seocho-gu Flood Control Corporation.

The total amount of KRW 1,400,000, E’s wage of KRW 600,000, and F’s wage of KRW 400,000,000, etc. was not paid within 14 days from the date of retirement without any agreement on the extension of the due date.

Summary of Evidence

1. Legal statement of witness D;

1. Protocol of examination of witness to E of this court;

1. Statement made to D by the police;

1. A written statement of D (investigative records No. 18 pages);

1. Complaint;

1. Application of the provisions of the Acts and subordinate statutes to copies of bankbooks, each reply (No. 100 and No. 124 of investigation records), the details of deposits in D, copies of passbooks, each work log, and each set of multiple copies;

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. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Articles 70 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;