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(영문) 의정부지방법원 고양지원 2015.04.23 2013고정1454

근로기준법위반

Text

A defendant shall be punished by a fine of 500,000 won.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is the representative of the “C” on the 1st floor of Goyangyang-gu Seoul Metropolitan City B building, who is an employer who operates an essential business by using two regular workers.

From January 4, 2013 to February 13, 2013, the Defendant shall work in the same workplace.

Wage 386,830 won, and wage 386,830 won from September 6, 2012 to February 10, 2013 of retired D shall work in the same workplace.

The retired E did not pay 1,186,830 won in total, including 800,000 won, within 14 days from the date of retirement without an agreement on extension of the due date between the parties.

Summary of Evidence

1. Partial statement of the defendant;

1. Police suspect interrogation protocol of the accused;

1. Statement of the police statement of E;

1. Application of Acts and subordinate statutes of D;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) 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;