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(영문) 광주지방법원 2012.11.06 2012고정1893

근로기준법위반

Text

The sentence against the accused shall be 700,000 won.

If the defendant fails to pay the above fine, 50.

Reasons

Punishment of the crime

The defendant is the representative of Seo-gu C Co., Ltd. located in Gwangju, who ordinarily worked for five full-time workers in Gwangju-gu, Seo-gu.

When a worker retires, the employer shall pay him/her all money or valuables, such as wages, within 14 days from the date of such retirement, unless otherwise agreed by the parties concerned about the extension of

Nevertheless, the Defendant did not pay the total of KRW 3,190,000 for five workers within 14 days from the date of retirement, as shown in the attached list of crimes, as well as KRW 450,00,00 of E’s wages, who worked for a wooden period from September 20, 201 to October 9, 201 at the above construction site, as well as KRW 3,190,000, as indicated in the attached list of crimes.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes (E, 3 others, f);

1. Articles 109(1) and 36 of the Labor Standards Act concerning criminal facts;

1. Selection of each alternative fine for punishment;

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;