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(영문) 제주지방법원 2011.12.21 2011고정850

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 the representative director of the D Co., Ltd. who operates urban bus transportation business using 25 full-time workers in the location of Jeju Special Self-Governing Province in Seopo-si.

When an employer objects to any order of remedy issued by a local Labor Relations Commission under the Labor Relations Commission Act, he/she may request a review to the National Labor Relations Commission within ten days from the date he/she is notified of the order of remedy, may bring an action in accordance with the Administrative Litigation Act within 15 days from the date he/she is served with the written decision of review on the decision of review made by the National Labor Relations Commission, and shall perform the decision of review

On December 1, 2008, when the Z filed an application against the defendant for remedy against unfair dismissal with the Regional Labor Relations Commission of the Jeju Special Self-Governing Province, the Jeju Special Self-Governing Province Regional Labor Relations Commission recognized that the dismissal of the defendant against the Z was unfair dismissal, and issued an order for remedy that the amount equivalent to wages that could have been paid if the defendant would have been reinstated to the original position and had worked normally during the dismissal period. The defendant appealed against the above order for remedy and filed an administrative litigation through a retrial decision by the National Labor Relations Commission, but each dismissal was dismissed. On May 4, 2011, the Supreme Court dismissed the above ruling and the ruling was served on the defendant and the order for remedy by the Local Labor Relations Commission of the Jeju Special Self-Governing Province became final and conclusive, the defendant failed to comply

Summary of Evidence

1. Partial statement of the defendant;

1. A written accusation;

1. Application of Acts and subordinate statutes to the details of accusation and case guards;

1. Article 111 of the Labor Standards Act and selection of fines concerning facts constituting an offense;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. As to the assertion of the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act regarding the provisional payment order, the Defendant and the defense counsel are city buses, such as the use of cell phones during the operation of the Z, and the change