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(영문) 의정부지방법원 2012.11.14 2011고정1844
근로기준법위반
Text

Defendant

A shall be punished by a fine of 2,00,000 won, and a fine of 2,00,000 won, respectively.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

Defendant

A is the actual representative of Dongducheon-si D Co., Ltd., E (Fmat) and the employer who operates Smarket by making 12 full-time workers, and Defendant B is the employer who employs 12 full-time workers from November 8, 2010 to Fmat representative and operates Smarket.

The Defendants conspired in collusion at the said workplace to provide labor from August 11, 2010 to December 5, 2010 of G on December 12, 2010, the amount of KRW 633,000 of the wages of 12,462,000 for retired workers as stated in the separate sheet, but did not pay the total of KRW 12,462,00 for retirement workers within 14 days from the date of retirement without agreement between the parties to the extension of the due date.

Summary of Evidence

[Defendant A]

1. Defendant A’s legal statement

1. The statement in the fifth protocol of trial of the witness H, I No. 4, witness J, K, and L (Defendant B);

1. Statement of the fifth trial record in the witness H, I's fourth, witness J, K, and L;

1. The suspect interrogation protocol of Defendant B concerning the police officer

1. Statement made to A by the police and protocol of suspect examination;

1. Application of Acts and subordinate statutes concerning confirmation of facts, such as telephone;

1. Relevant Articles of the Labor Standards Act and the choice of punishment for criminal facts: Articles 109 (1) and 36 of the Labor Standards Act and the choice of fines, respectively;

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

1. The reason for conviction of Article 70 and Article 69(2) of the Criminal Act argues that Defendant B merely lent a business name to a business owner and did not operate a business and did not employ an employee;

According to the above evidence, the following facts are recognized:

① On August 30, 2010, A acquired the Frant’s business on August 30, 2010, which was the initial representative of E, and delegated the management right so that Frant may promote Frant’s business by taking the N as the head of N on November 1, 2010.

(2) N shall change the name of the business operator from E to an individual in order to change the name of the deposit passbook for the payment of the FE card sales.

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