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(영문) 광주지방법원 2016.08.11 2016고단1449
근로기준법위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a user who has run a service business (automobile repair) by using 13 full-time workers as the representative of the company located in Gwangju Northern-gu B.

Wages shall be paid in full directly to workers in currency, and shall be paid at least once a month on a fixed date.

Nevertheless, the Defendant did not pay the total amount of KRW 21,500,000,000 in the wage balance of December 2014, 2015, the wage of KRW 2,500,000 in January 2015, and KRW 2,500,000 in February 2015, as indicated in the attached list of crimes, as well as KRW 9,50,000 in the wage of KRW 2,50,00 in March 205, and KRW 1,00,000 in April 20, 2015, as well as KRW 9,50,00 in the wage of KRW 21,50,00 in April 6, 2015, as indicated in the attached list of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of each police statement with respect to E and F;

1. Application of Acts and subordinate statutes on the details of payment of wages and details of passbook transactions;

1. Articles 109(1) and 43 of the Labor Standards Act, and the selection of fines for criminal facts (after the closure of pleadings, consideration shall be given to workers D, that the defendant paid wages in arrears of 12 million won to workers F, and that the defendant paid wages in arrears of 12 million won to workers F, etc.);

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

1. It is so decided as per Disposition for the reasons under Articles 70(1) and 69(2) of the Criminal Act or above.

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