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(영문) 춘천지방법원 2013.08.22 2013고정276
근로기준법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The defendant is the representative director of Seoul Special Metropolitan City, Nowon-gu 306 G company, who employs 15 full-time workers and operates a construction business.

The Defendant did not pay 11 retired workers’ wages within 14 days from the date of retirement without agreement on the extension of the due date between the parties, as stated in the attached list of crimes (excluding No. 5,6,7,10 a. 5,7, and 10 a. 5), including the fact that he/she did not pay 4,225,00 won of the wage of June 201 to the head of the site office retired on August 1, 2012 at the site of the construction of the military life center in the H area in the workplace, without any agreement on the extension of the due date between the parties.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to I;

1. Application of Acts and subordinate statutes on the details of individual wages in arrears (No. 30 pages of evidence records);

1. Article 109 (1) and Article 36 of the Labor Standards Act applicable to the relevant criminal facts and Articles 109 (1) and 36 of the same Act;

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

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 the facts charged is the representative director of the F Building 306 G Co., Ltd. in Seoul Special Metropolitan City, who employs 15 full-time workers and operates a construction business.

The Defendant did not pay the amount of KRW 1,320,000 of the wages of the employee B retired on June 16, 2012 at the site of the construction of the military life center in H in the above workplace within H area within 14 days from the date of retirement without any agreement between the parties on the extension of the due date, and did not pay the wages of four retired workers within 14 days from the date of retirement, as described in the attached list of crimes Nos. 5, 6, 7, and 10 as stated in the attached list of crimes.

2. The facts charged pertaining to this part of the facts charged are crimes falling under Articles 109(1) and 36 of the Labor Standards Act, and are victims under Article 109(2) of the Labor Standards Act.

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