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(영문) 의정부지방법원 고양지원 2014.04.30 2013고정1711
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

The defendant is the representative of D (ju) located in 102, 908, Dongyang-dong, Busan Metropolitan City, who runs the applied software development business using one regular worker.

The defendant shall work from September 24, 2012 to December 31, 2012.

The retirement E’s wages of KRW 5,000,000 in total, including the wage of KRW 1,700,000 in November 2012 and the wage of KRW 3,300,00 in December, were not paid within 14 days from the date of retirement without any agreement on the extension of the payment date between the parties.

Summary of Evidence

1. Legal statement of witness F;

1. Statement made by witnesses E in the third protocol of the trial;

1. The register of D Co., Ltd. (E is the employee of D Co., Ltd. who was established on November 19, 2012 while working as the employee of D Co., Ltd. as the employee of D Co., Ltd., and the defendant was registered as the representative director, F Co., Ltd., the personal entrepreneur and D Co., Ltd., the location of F is substantially the same, and F Co., Ltd., the personal entrepreneur and D Co., Ltd., in fact fail to operate the personal entrepreneur and actually transferred the business to D Co., Ltd., on November 2012; E appears to have retired from the business related to the production of D Co., Ltd’s website around November and December 2012; comprehensively taking account of all the circumstances, the defendant is obligated to pay E’s employer wages on November and December 1, 2012.).

1. Article 109(1) and Article 36 of the Labor Standards Act concerning criminal facts and Articles 109(1) and 36 of the same Act concerning the selection of fines

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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