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(영문) 인천지방법원 2014.04.18 2014고정614

근로기준법위반

Text

A defendant shall be punished by a fine of 500,000 won.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is a representative of "E" in 28, 223, 224, Dong-gu Incheon Metropolitan City D building 28, Dong-gu, which is an employer who employs one full-time worker and operates a service business.

1. The Defendant had worked in the foregoing workplace from November 12, 2012 to March 5, 2013, and had not paid the sum of KRW 1,015,740, monthly wage of KRW 1,210,140, monthly wage of KRW 194,40, and monthly wage of KRW 194,40 within 14 days from the date of retirement without agreement between the parties on the extension of the due date.

2. The Defendant, at the foregoing place of business, worked from April 16, 2013 to April 26, 2013, and concluded a labor contract with the retired C and did not specify wages, prescribed working hours, weekly holidays, annual paid leave, etc., and did not issue a written labor contract specifying this.

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. Statement C and F’s respective authentic statement;

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

1. Article 109 (1) and Article 36 of the Labor Standards Act concerning criminal facts, Articles 109 (1) and 36 of the Act on the Selection of Penalties, and Articles 114 subparagraph 1 and 17 of the Labor Standards Act (a violation of the provisions 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;

1. The dismissal part of the prosecution under Article 334 (1) of the Criminal Procedure Act

1. The summary of the facts charged is an employer who employs one full-time employee and operates service business as a representative of the “E” under the 28-dong, Dong-gu, Incheon Metropolitan City D Building 223 and 224.

The Defendant worked in the foregoing workplace from April 16, 2013 to April 26, 2013, and did not pay KRW 545,452, monthly wages from April 2013 to April 26, 2013, within 14 days from the date of retirement without an agreement between the parties on extension of the due date.

2. The facts charged in this part of the judgment are those falling under Articles 109(1) and 36 of the Labor Standards Act, which are the crimes against the victim’s express intent under Article 109(2) of the same Act.