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(영문) 부산지방법원 동부지원 2013.12.10 2013고정1306

근로기준법위반

Text

Defendant shall be punished by a fine of one 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 a representative director of the C Co., Ltd., which is located in Busan Suwon-gu B ground building 302, and is a business owner who has engaged in passenger transportation business using 70 full time workers.

When an employer is dissatisfied with a remedy order issued by a local Labor Relations Commission, he/she may apply for reexamination to the National Labor Relations Commission within ten days from the date of receiving the notice of order for remedy, and the order for remedy shall become final and conclusive unless it applies for reexamination within

From September 7, 2011 to April 18, 2012, the Defendant served as a bus engineer at the pertinent workplace and failed to comply with the order for remedy because it did not pay the amount equivalent to the wages to D, even though the order for remedy was finalized by withdrawal of the said application and confirmation of the order for remedy.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of Acts and subordinate statutes on police statement to E;

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 and 69 (2) of the Criminal Act for the detention of a workhouse;