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(영문) 서울서부지방법원 2013.06.19 2013고정449

노동조합및노동관계조정법위반등

Text

The sentence of sentence against the defendant shall be suspended.

Of the facts charged in the instant case, payment of wages for C and D is attributable to.

Reasons

Punishment of the crime

The defendant is the representative director of F Co., Ltd. located in Yongsan-gu Seoul Metropolitan Government E-building 1417.

On August 23, 2011, the Defendant entered into a “wages and collective agreement” in 2011, which was applied from July 1, 2011, with the H Trade Union to which said company G workers, C, and D belong, and the said agreement increased the employee’s wages by KRW 125,000 per month.

Parties to a collective agreement shall not violate matters concerning wages, welfare expenses and retirement allowances among the details of the collective agreement, and shall pay wages directly to workers in currency.

Nevertheless, on August 10, 201, the Defendant did not pay KRW 125,000 for each of the above workers G and C’s wage increase in July 10, 2011, and did not pay KRW 1,000,000 for each of the above workers as stated in the attached list of crimes, and did not pay KRW 375,000 out of the wages for workers G as shown in attached Table 1 of the list of crimes.

Summary of Evidence

1. Court statement of the defendant (the second court date);

1. Application of Acts and subordinate statutes to the police statement of I;

1. Article 92 Subparag. 2 of the relevant Act and Articles 31(1) of the Trade Union and Labor Relations Adjustment Act regarding criminal facts, and Articles 109(1) and 43(1) of the Labor Standards Act (the fact that wages are not paid, 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. A fine not exceeding 500,000 won to be suspended;

1. Articles 70 and 69 (2) of the Criminal Act (50,000 won per day);

1. Part concerning rejection of prosecution under Article 59(1) of the Criminal Act (see, e.g., the fact that the defendant is against the defendant, workers C, D and smoothly agreed with the parties concerned, the validity of a collective agreement, etc.)

1. Of the facts charged in the instant case, the violation of each Labor Standards Act due to unpaid wages to C and D.