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(영문) 서울북부지방법원 2016.05.26 2015고정2349
근로기준법위반
Text

Defendant shall be punished by a fine of 300,000 won.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who employs approximately 65 full-time workers in Dobong-gu Seoul Metropolitan Government D and operates the Village Bus Transportation Business Group E.

From December 16, 2013 to April 28, 2015, the Defendant did not pay KRW 1,191,92 in total, 424,35 won on December 12, 2013, and 14 days from the date of retirement within 14 days from the date of retirement without an agreement between the parties on the extension of payment dates.

Summary of Evidence

1. Entry of the defendant in part in the first trial record;

1. The portion of the statement made by the witness F in the second public trial record;

1. Application of Acts and subordinate statutes on police statements made to F and G;

1. Relevant Article of the Act on Criminal Facts and Articles 109 (1) and 36 of the Act on the Standards for Optional Labor.

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The Defendant and the defense counsel’s assertion on the assertion of the Defendant and the defense counsel under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order: The Defendant and the defense counsel asserted that, from December 16, 2013 to January 9, 2014, F is merely a pure student who received training for operation training, not a person working in the Dispute Resolution E, and thus, there is no reason to pay wages for the above period. However, F operated the Village bus independently for the above period, and the operation time and method are the same as those of other community bus articles in the Dispute Resolution E, even if they were in operation training period, they provided substantial labor to the Dispute Resolution E even if they were in operation training period.

Therefore, the above argument is without merit.

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