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(영문) 수원지방법원 2013.06.28 2012고정849

근로기준법위반

Text

Defendant shall be punished by a fine of KRW 2,500,000.

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

Reasons

Punishment of the crime

The defendant is the representative of C Co., Ltd. located in the 3th floor of Suwon-si B building in Suwon-si and is an employer who runs a construction business with eight regular workers.

With respect to D who worked from May 21, 2010 to September 10, 2010 at the above workplace, the Defendant did not pay 8,33,000 won in total as wages of 2,50,000 won for June 2010, 2010, 2,500,000 won for July of the same year, and 2,50,000 won for August of the same year, and 8,33,000 won for September of the same year, without agreement between the parties on the extension of the due date for payment, within 14 days from the date of retirement, which is the date of the cause for payment.

Summary of Evidence

1. Each written statement of D and E;

1. Application of the Acts and subordinate statutes governing a petition and a business registration certificate;

1. Article 109(1) and Article 36 of the Labor Standards Act concerning criminal facts and Articles 109(1) and 36 of the same Act concerning the selection of fines

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;