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(영문) 의정부지방법원 2013.05.02 2013고정753

근로기준법위반

Text

Defendant shall be punished by a fine of four million 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 the representative of the C (main) in the 3th floor of the building in the city of the Government and is the employer who runs the construction business by employing 25 full-time workers.

The Defendant did not pay KRW 2,930,000 to retired workers D who worked in the above workplace from December 20, 2011 to September 28, 2012, and did not pay KRW 26,262,00 in total money and valuables to 10 persons, such as D, within 14 days from the date on which the cause for the payment occurred, without agreement on extension of the due date between the parties concerned, as shown in the attached Form.

(b) When an employer intends to dismiss a worker, he/she shall give the worker an advance notice at least thirty (30) days, and if he/she fails to give an advance notice at least thirty (30) days, he/she shall pay the ordinary wages for thirty

Nevertheless, the Defendant immediately dismissed, on October 6, 201, 201, four members, including E, who worked as the Vice-Chairperson from October 10, 201 to October 6, 2012, and did not pay KRW 3,300,000 equivalent to the ordinary wage for at least 30 days, as shown in the attached Table, while immediately explaining on October 6, 2012, and did not pay KRW 11,270,000, total amount of the money and valuables subject to advance notice of dismissal, on the date of dismissal where the cause for such payment occurred.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the respective legislation of E, F, G, H, D, I, J, K, L, M, N, P, P, and Q

1. Article 109 (1), Article 36, subparagraph 1 of Article 110, and Article 26 of the Labor Standards Act concerning criminal facts as well as Articles 109 (1), 36, and 110 of the Labor Standards Act;

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;