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(영문) 수원지방법원 2018.08.17 2018고정233

근로기준법위반

Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is the representative director of the D Co., Ltd. in Suwon-si C, who runs a construction business by employing ten full-time workers.

The Defendant worked at the site of accommodation located in E from May 1, 2016 to January 31, 2017, and was retired from his/her service from his/her service until January 31, 2017, and did not pay KRW 24,228,780, respectively, within 14 days from the date of his/her retirement, without any agreement between the parties on the extension of the payment date.

Summary of Evidence

1. Each legal statement of witness F and G;

1. Application of the details of transactions in a passbook for benefits, details of unpaid benefits, output reports, specifications of labor costs, business registration certificates, corporate registers, and certified copies of resident registration statutes;

1. Article 109 (1) and Article 36 of the Act on the Standards of Employment and Selection of Punishment for Criminal Facts, and Articles 109 (1) and 36 of the same Act;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. Article 186 (1) of the Criminal Procedure Act involving Costs of Trial;