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(영문) 전주지방법원 2014.07.30 2014고정544

근로기준법위반

Text

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

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The defendant, as the representative director of the Seoul Special Metropolitan City(Seak) C, is a user who employs more than 10 full time workers and operates a taxi transport business.

An employer shall carry out a judgement on reexamination the contents of which are the order of remedy or remedy which becomes final or conclusive by an administrative litigation of the Regional Labor Relations Commission under the Labor Relations Commission Act.

Nevertheless, the Defendant did not pay the amount of wages even though the remedy order was finalized on September 17, 2013, because the Defendant was ordered by the Jeonbuk Regional Labor Relations Commission to reinstate the dismissed workers D to his original position and to pay the amount equivalent to the wages during the period of dismissal, and did not file an application for reexamination with the National Labor Relations Commission.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. A written accusation;

1. Application of statutes to a written ruling or a report on the state of non-compliance with a remedy order;

1. Relevant Article 11 of the Labor Standards Act, Articles 111 and 31(3) of the Labor Standards Act, and selection of fines concerning criminal facts;

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;