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(영문) 부산지방법원 2018.01.25 2017고단3113

근로기준법위반

Text

Defendant shall be punished by a fine of KRW 700,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The Defendant, as the representative director of the “CB Building Co., Ltd. Co., Ltd.” in Busan Dong-gu, Busan, is an employer who ordinarily employs six workers and operates the construction business of installing electric information and communications equipment. On September 27, 2016, the Defendant received an order of remedy through a building administrator to the effect that “workers D shall be reinstated to the original position within 30 days from the date of receiving the notice of this letter of remedy, and the amount equivalent to the wages that would have been received if he had worked normally during the period of dismissal,” and the order of remedy was not implemented within 10 days from the date of performing the order of remedy, although the order of remedy became final and conclusive due to the failure to file an application for reexamination with the National Labor Relations Commission.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of partially the police officers of the accused;

1. The accusation, summary of the ruling, and a report on the non-compliance status;

1. Application of Acts and subordinate statutes to the investigation report;

1. Articles 111 and 31 (3) of the relevant Act and the Act on the Standards for Selective Labor concerning criminal facts, the selection of fines;

1. It is so decided as per Disposition for the reasons under Articles 70(1) and 69(2) of the Criminal Act or above.