beta
(영문) 서울동부지방법원 2016.01.29 2015고정540

근로기준법위반

Text

A defendant shall be punished by a fine of 500,000 won.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is an employer as a person in charge of the business management of H, a corporation that engages in construction business with 200 full-time workers in Sung-nam-si G.

The Defendant was working for the construction site of the Ulsan-gu I building built by himself/herself, from May 19, 2014 to May 20, 2014, the retired employee J’s wages of 300,000 won on May 20, 2014, from March 31, 2014 to June 3, 2014, and the retired employee’s wages of 110,000 won on March 31, 2014, and wages of 1,430,000 won on May 20, 2014, and wages of 220,000 won on June 220, 2014, total amount of KRW 20,000, total amount of KRW 2,60,000 on the extension of payment date without agreement between the parties concerned.

Summary of Evidence

1. The defendant's legal statement (as at the seventh public trial date);

1. Statement made by the police against C;

1. Lritten statements;

1. Application of Acts and subordinate statutes to written complaint and petition;

1. Article 109 (1) and Article 36 of the Act on the Standards for Relevant Acts concerning facts constituting an offense and Articles 109 (Selection of Punishment) of the Labor Standards 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. The part dismissing a public prosecution under Article 334(1) of the Criminal Procedure Act against the order of provisional payment

1. The Defendant is an employer as a person in charge of business management of H, a corporation running a construction business with 200 full-time workers in Seongbuk-gu, Sungnam-si.

The Defendant works at the site of new construction of the Ulsan-gu I building built by himself/herself, from March 31, 2014 to June 3, 2014, and retired workers C’s wages of 200,000 won on March 3, 2014, wages of 2,80,000 won on May 2, 2014, and wages of 40,000 won on June 2, 2014, and from April 2, 2014 to May 31, 2014, the Defendant is wages of 3,40,000 won on a total of 3,00,000 won on June 3, 2014, 200, 30,000 won on May 31, 2014, 200, 30,000 won on May 31, 2014, 2014.