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(영문) 부산지방법원 2013.12.05 2013고정1566

근로기준법위반

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 the actual business owner who runs an entertainment drinking house business by registering the trade name of Dnonode room in the Busan-gu C and the fourth floor in the name of the wife E and employing one worker at all times.

From April 8, 2012 to June 10, 2012, the Defendant determined monthly wage of KRW 1,700,000 and worked as an employee for the period of April 2012, the Defendant did not pay KRW 603,330 as wages of April 2012, wages of KRW 1,70,000 as wages of May 2012, and wages of KRW 396,670 as wages of June 2012, totaling KRW 2,70,00 as wages of KRW 2,70,00 as wages of June 2012, within 14 days from the date of retirement without any agreement between the parties on the extension of the due date.

Summary of Evidence

1. Legal statement of witness G;

1. Statement of examination of the witness to the F;

1. Application of the Acts and subordinate statutes to a copy of real estate contract and a receipt of down payment;

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. 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;

1. Article 186 (1) of the Criminal Procedure Act to bear litigation costs;