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(영문) 부산지방법원 서부지원 2019.10.30 2019고단787

근로기준법위반

Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

The Defendant is an employer who runs a construction business by ordinarily employing two employees as the representative director of Gangseo-gu Busan Metropolitan Government C Co., Ltd. (hereinafter referred to as the “instant company”), and was employed by the instant company from July 12, 2017 to August 10, 2018, and was retired from the instant company, and did not pay the total of KRW 2.9 million for April 12, 2017 to August 2, 2018, KRW 2.3 million for May 2, 2018, KRW 1840,000 for July 32, 200, KRW 1,058,000 for August 2, 2017, KRW 130,000 for the victims’ retirement from office without the agreement between the victim’s retirement and KRW 4,588,000 for the total of KRW 160,000,000 for the victims’ retirement from office within 2.818,7181.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the complainants prepared by each labor inspector in relation to E and D;

1. Application of Acts and subordinate statutes to the accusation, each printing day, each worker's labor details, and details of claim for wages by complainants;

1. Relevant laws concerning facts constituting an offense, Articles 109(1) and 36 of the Labor Standards Act, and the choice of fines;

1. former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act among concurrent crimes (aggravating concurrent crimes with the punishment stipulated in the violation of the Labor Standards Act against D with heavier victims);

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;