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(영문) 수원지방법원 2013.12.05 2013고정2634

근로기준법위반

Text

Defendant shall be punished by a fine of KRW 2,500,000.

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

Reasons

Punishment of the crime

The defendant, as the representative of C in the franchi City B, is a full-time user who conducts a saw manufacturing business using two workers.

[2013 fixed-term 2634] The defendant works in the above workplace from September 1, 2012 to September 30, 2012

Labor from September 2012 to September 27, 2012, with wage of KRW 2,500,000 for retired workers D and from September 27, 2012.

On September 2012, retired workers E did not pay 2,630,000 won in total, including 130,000 won of wages in September 2012, within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without any agreement between the parties to the extension of the due date.

[2013 fixed-term 2648] The Defendant works in the above workplace from April 3, 201 to December 31, 2011.

A retired worker F's wage of 2,00,000 won in October 201, 201, wage of 2,000,000,000 won in November 201, 201, total of 2,00,000,000 won in December 2011, and 6,000,000 won in total were not paid within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without any agreement between the parties on the extension of the due date.

Summary of Evidence

[2013 High Court Decision 2634]

1. Police suspect interrogation protocol of the accused;

1. A written statement that is submitted by the defendant;

1. Written statements of E and D compilations;

1. Each written petition (2013, 2648);

1. Police suspect interrogation protocol of the accused;

1. A written statement that is submitted by the defendant;

1. A written statement prepared by the F;

1. Application of Acts and subordinate statutes on a petition;

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 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;