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(영문) 수원지방법원 2013.09.04 2013고정523
근로기준법위반
Text

Defendant shall be punished by a fine of 200,000 won.

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

Reasons

Punishment of the crime

The defendant is the employer who has employed eight full-time workers in Seongbuk-gu, Sungnam-si, and operated D.

When a worker retires, the employer shall pay wages, compensations, and other money or valuables within 14 days from the date of such retirement, unless otherwise agreed by the parties concerned about the extension of the due date for the payment.

Nevertheless, the Defendant did not pay KRW 360,000,000 of wages of E retired employee E while working in the above workplace on September 201 without an agreement between the parties on the extension of the due date for payment, within 14 days from the date of the occurrence of the cause for payment, and did not pay KRW 1,350,000 for the total wages of seven workers from that time to December 2011 as shown in the attached crime list (1) without any agreement on the extension of the due date for payment between the parties concerned.

[2013 fixed-term 524] Of the facts charged under the Labor Standards Act, the prosecution was dismissed following the prosecutor’s revocation of the prosecution.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Application of the Act and subordinate statutes to the inspection table on the actual conditions of construction workers at the workplace in 2012, the verification of violations of labor-related Acts and subordinate statutes, the daily output table, and the unpaid details by individual;

1. Relevant Articles of the Labor Standards Act and Articles 109 (1) and 36 of the same Act concerning criminal facts;

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. The dismissal part of the prosecution under Article 334 (1) of the Criminal Procedure Act

1. The summary of this part of the facts charged is that the Defendant is the representative of D Co., Ltd. 404, Sungnam-si, Sungnam-si, who runs a construction business with ten full-time workers at the I construction site at Sungsung-si.

The defendant is at the construction site above and from November 6, 201 to July 6, 2012.

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