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(영문) 부산지방법원 2014.11.27 2014고정1380

근로기준법위반

Text

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

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

Reasons

Punishment of the crime

The Defendant is an employer who had resided in Yangsan City and engaged in personal construction business with four full-time workers without a separate business registration certificate or office. Around August 2013, the Defendant worked for steel framed from August 6, 2013 to August 18, 2013 at the site of the steel framed Corporation in Busan, which was executed by the Defendant, and did not pay 90,000 won, total wages of four retired workers, including wages of 2.10,000 won, within 14 days from the date of retirement without agreement between the parties on the extension of the due date.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness G and H;

1. Partial statement of the witness F in the court;

1. Examination protocol of the accused by the prosecution (including the substitute part);

1. Data attached to each police statement made to F, G, and H in part, and each written statement made by the police;

1. Report on the results of investigation of a petition case, details of fact verification, such as telephone, and application of statutes to construction performance angle;

1. Article 109(1) and Article 36 of the Labor Standards Act as to facts constituting an offense, and the choice of fines

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

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;

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