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(영문) 서울서부지방법원 2013.12.20 2013고단2069

근로기준법위반

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The defendant is a user who operates the above company by making use of 20 full-time workers in the name of a company in the first floor of the C hotel in Seoul.

From August 1, 2012 to January 12, 2013, the Defendant did not pay KRW 8,034,179, total amount of wages of KRW 23 workers within 14 days from the date of occurrence of the cause without agreement on extension of the due date for payment between the parties and KRW 1,392,755, monthly wage of KRW 1,392,755, monthly wage of October 2012, KRW 2,50,00, monthly wage of December 2012, KRW 2,712,727, monthly wage of KRW 967,740, monthly wage of January 2013, and KRW 8,034,179, as stated in the attached list of crimes, and did not pay KRW 52,194,09, monthly wage of KRW 23 workers within 14 days from the date of occurrence of the cause without agreement between the parties.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police interrogation protocol against the accused and F;

1. Each police statement to G, H, I, J, K, L, M, N, and E;

1. Each petition filed by theO, M, and nine other persons;

1. Application of Acts and subordinate statutes on copies of bankbooks;

1. Relevant Articles 109(1) and 36 of the Labor Standards Act and the choice of fines for criminal facts;

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;