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(영문) 광주지방법원 2016.08.18 2016고정288

근로기준법위반

Text

Defendant

A shall be punished by a fine of KRW 1,500,00, and by a fine of KRW 1,200,000, respectively.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

Defendants, as personal building business operators, subcontracted the parts of steel reinforced concrete construction among the new construction works in Gwangju Mine-gu E and F from Co., Ltd.

On December 1, 2013, from around December 22, 2013 to around December 22, 2013, the Defendants submitted a copy of the agreement under the name of the Labor Council on July 4, 2016, including the fact that the Defendants did not pay KRW 1,692,00 of the wages of Ha retired workers H within 1,692,00 from the said new construction site without any agreement on the extension of the payment deadline within 14 days from the date of retirement, and the Defendants submitted a copy of the agreement under the name of the Labor Council on July 4, 2016. The copy of the agreement is affixed with the address and resident registration number, mobile phone number, but there is no document to verify the genuine intent of the Labor Council, and there is no other method to verify the genuine intent of the Labor Council due to the absence of telephone call. Therefore, the above copy of the agreement alone did not express the Defendants’ intent to punish the Defendants.

It is difficult to recognize it.

The employer did not pay 5,821,000 won in total for three workers within 14 days from the date of each retirement without agreement on the extension of the payment deadline.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement made to H and I;

1. Application of Acts and subordinate statutes governing monthly inputs;

1. Relevant Articles 109(1) and 36 of the Labor Standards Act concerning facts constituting a crime;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, Article 50 of the Criminal Act, and the proviso of Article 42 of the same Act

1. Articles 70(1) and 69(2) of the Criminal Act, each of the Defendants’ detention in a workhouse

1. The part dismissing the public prosecution under Article 334(1) of the Criminal Procedure Act

1. The summary of the facts charged is a personal building company D’s “G” located in Gwangju Mine-gu E and F.