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(영문) 인천지방법원 부천지원 2014.10.23 2014고단1461

근로기준법위반

Text

Defendants shall be punished by a fine of KRW 1,000,000.

In the event that the Defendants did not pay the above fine, 100.

Reasons

Punishment of the crime

Defendant

A as the representative of D located in Samyang City, A is an employer who operates a specialized construction business by employing 30 full-time workers, and Defendant B is an outside director of the above E, who is a general manager of the “H facility construction” located in G in Kimpo-si, Kimpo-si, Kimpo-si, which was subcontracted by Defendant AF, for matters concerning workers on behalf of the large-time business owner.

In collusion, the Defendants did not pay 692,00 won of wages of 1,834,530 won in total from the date of retirement within 14 days from the date of retirement without an agreement on extension of the due date between the parties to the above facility construction site, and did not pay 1,834,530 won in total from the date of retirement within 14 days from the date of retirement, as stated in paragraph 14 of the attached Table of Crimes List.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each report on investigation;

1. Application of Acts and subordinate statutes to each petition, submission related to filing a petition, power of attorney and wage ledger, details of overdue money and goods, and labor history statement;

1. Relevant Articles 109(1) and 36 of the Labor Standards Act, Article 30 of the Criminal Act, the selection of fines, and the selection of fines for criminal facts;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The dismissal part of the prosecution under Article 334 (1) of the Criminal Procedure Act, each of the provisional payment orders

1. The summary of the facts charged is that Defendant A is the representative of Defendant D located in Sam-si and is an employer who operates a specialized construction business with 30 full-time workers employed by Defendant A, and Defendant B is an outside director of the above E, who is a general manager of “H facility construction” located in G in Kimpo-si, Kimpo-si, which Defendant A subcontracted by F, and who acts on behalf of a major business owner in relation to matters relating to workers.

The Defendants conspired from November 26, 2013 to December 25 of the same year.