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(영문) 수원지방법원 2013.06.26 2013고정964

근로기준법위반

Text

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

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

Reasons

Punishment of the crime

On October 11, 2012, the Defendant was sentenced to six months of imprisonment and one year of suspended execution for a crime of fraud at the Suwon District Court. On December 20, 2012, the above judgment became final and conclusive on December 20, 2012. On March 28, 2013, the Suwon District Court sentenced six months of imprisonment for a crime of fraud at the Suwon District Court, and the above judgment became final and conclusive on April 5, 2013.

The defendant, as the actual manager of C in the U.S. located in the U.S., is an employer who has engaged in a manufacturing business (automobile parts) with five regular workers.

The Defendant, while working in the foregoing workplace from February 2, 2012 to May 29, 2012, was retired workers D’s wages of KRW 1,50,000 on February 2, 2012; KRW 2,302,250 on March 2, 2012; KRW 1,016,130 on May 2, 2012; and KRW 1,919,350 on May 2, 2012; and KRW 6,737,730 on May 2, 2012, was not paid within 14 days from the date on which the cause for payment occurred, without any agreement between the parties on the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

1. Previous convictions: Inquiry into criminal and investigation records, and application of statutes of the judgment;

1. Article 109(1) and Article 36 of the Labor Standards Act concerning criminal facts and Articles 109(1) and 36 of the same Act concerning the selection of fines

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning 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;