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(영문) 광주지방법원 2013.05.29 2013고정706

근로기준법위반

Text

Defendant shall be punished by a fine not exceeding one million won.

Where the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant is an employer who runs construction business, such as the Private Housing Corporation, using four regular workers. From December 31, 201 to May 17, 2012, the Defendant worked for the period from May 201, 201 to retired workers B, and did not pay the total of KRW 2,925,00 on April 2, 2012, the total of KRW 4,725,000 on May 20, 201, and the total of KRW 1,800,000 on May 27, 2012 to May 5, 2012, and retired C did not pay KRW 1,440,00 on April 27, 2012, and paid KRW 60,000 on May 5, 2012, 200,040,000 on each party’s payment date without agreement between the parties.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the B and C’s written laws and regulations

1. Article 109 (1) and Article 36 of the Labor Standards Act applicable to criminal facts and Articles 109 (1) and 36 of the same Act;

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