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(영문) 창원지방법원 통영지원 2013.11.29 2013고단658

근로기준법위반등

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 business owner who runs a vessel processing business using 20 full-time workers at G's workplace, a company affiliated with F in-house subcontractor in Gyeongnam-gun E located in Dong-si, Dong Young-si.

The Defendant was employed by the Defendant on January 8, 2013 at the foregoing workplace, and was employed by the Defendant on February 17, 2013 at H’s place of business, which was retired on February 17, 2013, and on January 8, 2013, the Defendant did not pay the Defendant wage of KRW 1,80,000,00 on February 22, 2013 of I retired on February 22, 2013, and the Defendant was employed by the Defendant on January 8, 2013, and did not pay the Defendant wage of KRW 509,630 on March 30, 2013, which was retired on March 30, 2013, with KRW 4,875,00,00 on March 4, 2013, and KRW 509,8384,630 on retirement without agreement within the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Written Statement;

1. Application of H’s authentic statutes;

1. Relevant provisions of the Labor Standards Act and Articles 109(1) and 36 of the Labor Standards Act regarding criminal facts, the choice of fines (including the fact that 2,909,630 won was paid with unpaid wage and substitute payment, and the fact that the defendant reflects the depth thereof, etc.);

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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;