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(영문) 부산지방법원 2013.06.10 2013고정1923

근로기준법위반

Text

Defendant shall be punished by a fine of KRW 300,000.

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

Reasons

Punishment of the crime

On January 24, 2013, the Defendant was sentenced to imprisonment with prison labor for six months at the Busan District Court for embezzlement, etc., and the judgment was finalized on February 1, 2013.

The defendant is an employer who has resided in Busan-gu B and has employed eight full time workers without a separate business registration certificate or office, and has conducted personal construction business.

The Defendant did not pay KRW C’s wage of KRW 2,520,000 to a worker who worked as a daily employee from February 1, 201 to March 31, 2011 at a new factory construction site, etc. in the aftermath of the Haban that the Defendant had executed within 14 days from the date of retirement without agreement between the parties on the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the police investigator against C;

1. A letter of payment angle of wages;

1. Previous convictions in judgment: Application of case search and a copy of each written judgment;

1. Article 109 (1) and Article 36 of the Labor Standards Act applicable to criminal facts and Articles 109 (1) and 36 of the same Act;

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;