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(영문) 서울북부지방법원 2019.06.13 2019고정89

근로기준법위반

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Criminal facts

The Defendant is the representative of the Dongdaemun-gu Seoul Metropolitan Government “C” and is an employer who conducts real estate management business by employing a full-time employee.

Wages shall be paid at least once a month on a fixed date.

The Defendant did not pay 1.4 million won in total, including the wage of 1.4 million won in September 2017, the wage of 1.4 million won in October 2017, the wage of 1.4 million won in total, the wage of 1.4 million won in November 2017, the wage of 1.4 million won in October 11, 2017, the wage of 1.5 million won in October 2017, and the wage of 1.5 million won in total, the wage of 1.5 million won in November 2017, the wage of 2017, and the wage of 3.2 million won in total, the wage of 7.2 million won in total, the wage of 1.5 million won in total, on the 10th day of the following month.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F, D, and E;

1. The statement of G and H;

1. Application of Acts and subordinate statutes to investigation reports (related to D, E's work status, and hearing of witness I's statements);

1. Relevant provisions of the Labor Standards Act concerning facts constituting an offense and Articles 109 (1) and 43 (2) of the same Act concerning the selection of punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) 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;