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(영문) 의정부지방법원 고양지원 2014.11.07 2013고정105 (1)

근로기준법위반

Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

The Defendant is a business owner who has been awarded a subcontract of KRW 390,000 from the representative E of D Co., Ltd., the immediate contractor, to work with two full-time workers.

The Defendant, while working as a facility at the above construction site on March 31, 2010, did not pay 3.51 million won for retired workers, and 5.7 billion won for G’s wages, within 14 days from the date of retirement, without any agreement on extension of the due date between the parties concerned.

Summary of Evidence

1. Partial statement of the defendant;

1. Statements made by witnesses G in the fourth trial records;

1. The witness F and E’s statement in the fifth trial record [The above evidence shows that G and F were employed by the Defendant and retired on March 31, 2014 while performing the instant construction work, and that the Defendant is currently working until March 23, 2010,” as stated in the documents sent by the Defendant in D. The Defendant continued construction until March 31, 2010, in light of the fact that it was indicated as ‘the fact that the Defendant was not explicitly directed G and F to suspend construction before March 31, 2010, and that there was no explicit agreement between G, F and the Defendant, and D (State) that D’s wage would be paid on or around March 31, 2010, it can be acknowledged that the Defendant and D(State) would not be paid wages as stated in the facts charged.

1. Relevant Articles 109(1) and 36 of the Labor Standards Act and the choice of fines for criminal facts;

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. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.