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(영문) 서울중앙지방법원 2014.10.24 2014고정2519

근로기준법위반

Text

Defendant shall be punished by a fine of 300,000 won.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The defendant is the representative of the D (State) in Dongjak-gu Seoul Metropolitan Government, who has employed three full-time workers and has executed the renovation and repair works of the building.

The Defendant is working in the foregoing workplace from November 2, 2012 to December 14, 2012.

A retired worker E’s wage of KRW 1,620,00 and KRW 1,350,000 in total, and KRW 2,970,000 in total, were not paid within 14 days from the date when the cause for the payment occurred without an agreement on the extension of the due date between the parties concerned.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to the complaint(E, F);

1. Relevant Article 109 (1) of the Labor Standards Act concerning criminal facts, Article 109 (1) of the Labor Standards Act, and selection of fines

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 former Criminal Act (amended by Act No. 12575, May 14, 2014).