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(영문) 의정부지방법원 2015.04.30 2015고정709
근로기준법위반
Text

1. The defendant shall be punished by a fine of 1.8 million won;

2. If the defendant does not pay the above fine, 10,000 won.

Reasons

Criminal facts

The Defendant did not pay KRW 10,955,579, total amount of eight retired workers within 14 days from the date of each retirement, as shown in the attached Form, as well as KRW 1,080,00 of D’s wage for October 10, 2013, which was worked in production from September 30, 2013 to October 16, 2013, as well as KRW 10,955,579, as shown in the attached Form, from September 30, 2013 to the Plaintiff.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement in D, E, F, G, H, I, J, and K Preparation;

1. Application of Acts and subordinate statutes to inquiries about the current status of employment by day of daily employed workers;

1. Articles 109 (1) and 36 (Selection of Punishment of Fines) of the Labor Standards Act concerning facts constituting an offense.

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The summary of Article 334(1) of the Criminal Procedure Act that dismissed the prosecution of the instant case on the ground that the Defendant violated the Labor Standards Act due to unpaid wages to B among the facts charged in the instant case is the Defendant’s failure to pay the total of KRW 4,166,047 as wages to B retired while working in the signboard manufacturing company in its operation within 14 days from the date of retirement without an agreement on the extension of the due date

This is an offender who cannot be punished against the victim’s express intent under Article 109(2) of the Labor Standards Act. According to the written withdrawal of the petition, it is recognized that B withdraws the wish to punish after the prosecution of this case. Thus, this part of the indictment is dismissed pursuant to Article 327(6) of the Criminal Procedure Act

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