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(영문) 의정부지방법원 2013.05.06 2013고정281

근로기준법위반

Text

Defendant shall be punished by a fine of KRW 700,000.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On June 5, 2012, the Defendant was sentenced to one year of imprisonment for a crime of fraud, etc. in the Jung-gu District Court Goyang Branch Branch, and the said judgment was finalized on August 25, 2012, and on November 19, 2012, the Defendant was sentenced to six months of imprisonment for a crime of fraud in the Jung-gu District Court Goyang Branch, and the said judgment became final and conclusive on February 8, 2013.

The defendant is the representative of C in the underground of the Gyeonggi-ri City, who is an employer who employs nine full-time workers and operates the Smarket.

The defendant shall work from March 15, 2010 to December 24, 2010.

A retired D’s total amount of KRW 3,970,000 in the wage balance on October 2010, and KRW 1,800,000 in the wage on November 201, 2010, and KRW 3,970,000 in the wage of KRW 1,80,000 in the wage on December 2010, without any agreement between the parties on the extension of the due date for payment, was not paid within 14 days from the date of retirement as of the date of the occurrence of the cause for payment.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A written petition;

1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning investigation reports (report of binding written judgments);

1. Article 109(1) and Article 36 of the Labor Standards Act concerning criminal facts and Articles 109(1) and 36 of the same Act concerning the selection of fines

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. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.