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(영문) 수원지방법원 안양지원 2019.06.07 2019고단89

근로기준법위반

Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

The defendant is the representative of the Dispute Resolution Co., Ltd. of the building B in Ansan-si and is an employer who runs a construction business, lease business, sales business, etc. using eight full-time workers.

An employer shall comply with an order of remedy finalized by the Central Labor Relations Commission or the court in respect of an application for remedy against the unfair dismissal of workers, if the order becomes final and conclusive.

Nevertheless, the Defendant, on November 11, 2016, filed a remedy order (an amount equivalent to wages during the period of reinstatement and dismissal) with respect to an application for remedy filed by the Gyeonggi Regional Labor Relations Commission on June 22, 2016, for which the E working in the said workplace was unfair, and the Defendant filed an administrative litigation with the Seoul Administrative Court on March 21, 2017. However, the said court dismissed the Defendant’s claim on November 30, 2017, and failed to pay the amount equivalent to wages during the period of dismissal, which is a part of the remedy order, even though the remedy order became final and conclusive on December 19, 2017.

Summary of Evidence

1. Partial statement of the defendant;

1. A written accusation;

1. A written adjudication, a written judgment, and the conclusion of administrative litigation (the defendant and his/her defense counsel asserted innocence while denying the worker status of E, however, according to evidence, the defendant filed a retrial and administrative litigation by the National Labor Relations Commission after receiving a remedy decision by the Regional Labor Relations Commission. The defendant's judgment in the administrative litigation becomes final and conclusive, and the order for remedy becomes final and conclusive, and the final and conclusive judgment cannot be exempted from liability for non-performance of the order for remedy unless it is revoked in accordance with the procedure stipulated in the law.

1. Relevant provisions of the Acts concerning facts constituting an offense, and Articles 111 and 31(3) of the Labor Standards Act selection of punishment;

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

1. Unpaid wages after the suspended sentence becomes final and conclusive under Article 62(1) of the Criminal Act.