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(영문) 의정부지방법원 고양지원 2013.04.05 2012고정1948
근로기준법위반
Text

Defendant shall be punished by a fine of KRW 700,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

C as an individual constructor, a user who uses 11 full-time workers at the site of the new construction of the D 1st group of company at the time of strike, and Defendant A, as the representative of E Co., Ltd., is an employer who has ordered construction through the above C by obtaining a subcontract for the foregoing field, aesthetic and waterproof construction.

The Defendant and C did not pay the total amount of 6,513,740 won in arrears, such as the F’s wage balance of 726,600 won from February 23, 2011 to March 22, 2011, within 14 days from the date of retirement, without any agreement between the parties on extension of the due date for payment.

Summary of Evidence

1. Defendant's legal statement;

1. Indicating some of the copies of the protocol concerning the examination of suspects of the accused;

1. Application of Acts and subordinate statutes to a written petition, a written statement, a copy of each benefit passbook, a statement of transactions by each account, and a notice of each report on employment insurance;

1. Articles 109(1) and 36 of the Labor Standards Act concerning criminal facts, and selection of fines, respectively;

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

1. Articles 70 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;

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