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(영문) 광주지방법원 순천지원 2013.06.19 2012고정291

근로기준법위반

Text

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

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

Reasons

Punishment of the crime

The defendant is the representative of C in the net City B, who employs 20 full-time workers and operates agricultural machinery manufacturing business.

On July 12, 2011, the Defendant did not pay the total of KRW 27,338,000 of wages of KRW 4,725,000 of workers D who retired from the said workplace within 14 days from the date of retirement without an agreement on the extension of the due date between the parties concerned, and did not pay the total of KRW 27,338,00 within 14 days from the date of retirement as shown in the attached crime list.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment of a repreparation of a list of crimes);

1. Article 109 (1) and Article 36 of the Criminal Act concerning the relevant criminal facts, the choice of punishment, and the choice 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 Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant paid all the amount for which the decision of recommending reconciliation was finalized in each civil procedure among the workers listed in the attached list of crimes against D, F, G, H, and I (the above decision of recommending reconciliation is stated that the above workers expressed their intent not to punish the defendant, so it shall be deemed that an agreement has been reached in fact). Of the rest of the workers, the sentence shall be determined as indicated in the order, taking into account the fact that the defendant paid all the amount for which the decision of recommending reconciliation has been finalized in each civil procedure (the above decision of recommending reconciliation is stated that the above workers expressed their intent not to punish the defendant, and therefore, it shall be deemed that an agreement has been reached in fact.