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(영문) 춘천지방법원 2012.08.30 2012고정118

근로기준법위반

Text

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

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

Reasons

Punishment of the crime

The Defendant is a representative director of D Co., Ltd. with the tenth floor of Songpa-gu Seoul Metropolitan Government building 10, who has employed 350 full-time workers and has been subcontracted for reinforced concrete construction works among the "F new construction works" in Gangwon-gun E.

The Defendant did not pay 30,640,000 won of H’s wage in October 2010 and 1680,000 won of wage in November 1, 2010, which was worked at the above construction site from August 14, 2010 to November 12, 201 of the same year, within 14 days from H’s retirement, and did not pay 30,80,000 won of the total wages of 6 workers, including H, including the employees, including H, within 14 days from the date of retirement, as described in the attached crime list.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of the witness H;

1. Application of Acts and subordinate statutes to the statement of H, B, and I;

1. Article 109 (1) and Article 36 of the Labor Standards Act applicable to the relevant criminal facts and Articles 109 (1) and 36 of the same Act;

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

1. Articles 70 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

1. The gist of the facts charged is that the Defendant is the representative director of D Co., Ltd. with the tenth floor in Songpa-gu Seoul Metropolitan Government, who employs 350 full-time workers and has subcontracted the construction of reinforced concrete from G Co., Ltd. among “F new construction works” in Gangwoncheon-gun E.

The Defendant did not pay KRW 2,380,00 in October 2010, and KRW 1,680,000 in November 201 of the same year, which was worked at the above construction site from August 21, 2010 to November 12, 201 of the same year, within 14 days from the retirement of B without any agreement between the parties on extension of the due date.

2. This part of the facts charged is an offense falling under Articles 109(1) and 36 of the Labor Standards Act, and is expressed by the victim under Article 109(2) of the Labor Standards Act.