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(영문) 서울북부지방법원 2016.06.02 2016고정305

근로기준법위반

Text

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

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 an employer who employs 10 full-time workers in Dobong-gu Seoul Metropolitan Government building B 401 and operates the clothing manufacturing company C.

An employer shall comply with an order for remedy issued by the Regional Labor Relations Commission within ten days from the date of filing an application for reexamination with the National Labor Relations Commission, or upon the confirmation of the order for remedy because the employer fails to file an administrative litigation within 15 days from the date of the decision

Nevertheless, the Defendant failed to perform the order of remedy even though the above order of remedy became final and conclusive on July 18, 2015, because the Defendant did not institute an administrative litigation against the order of remedy issued by the National Labor Relations Commission to restore the worker D to the original position by July 17, 2015 and pay the amount equivalent to the wages during the period of dismissal.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation;

1. Application of a written adjudication (Seoul Regional Labor Relations Commission) and statutes to know the result of the adjudication process (C representative);

1. Relevant Articles 111 and 31 (3) of the Act on the Standards for Preliminary Labor for Criminal Facts and Articles 111 and 31 (3) of the same Act;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;