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(영문) 서울동부지방법원 2016.02.04 2015고단2394
근로기준법위반
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[criminal records] On February 12, 2015, the Defendant was sentenced to 6 months of imprisonment with prison labor and 2 years of suspended execution on October 30 of the same year by violating the Labor Standards Act at the Seoul Eastern District Court.

[Criminal facts] The Defendant, as the representative director of D in South Korea, is an employer who runs a construction business with 80 full-time workers as a representative director of D in South Korea.

From October 2, 2013 to March 12, 2014, the Defendant did not pay the amount of KRW 2850,000,000,000,000,000,000,000,000,000,000 from the date of his/her retirement to December 12, 2013 of the retired Workers F, who were employed at the E Expansion Work site run in the above D (State), within 14 days from the date of his/her retirement without agreement between the parties on the extension of the payment period.

Summary of Evidence

1. Partial statement of the defendant;

1. The written statement of the defendant;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police with regard to F;

1. Photographs of the written confirmation;

1. Previous records: The application of Acts and subordinate statutes to the defendant's legal statement, search of the Supreme Court's case, and concurrent judgment of 2838 Highest 2014 and submission of reference materials (the second judgment);

1. Article 109 of the relevant Act concerning criminal facts, Articles 109 (1) and 36 of the Standards for Optional Labor, and the selection of fines;

1. Subsequent to Article 37 of the Criminal Act dealing with concurrent crimes: Provided, That Article 39 (1) shall apply;

1. Article 70 of the former Criminal Act (amended by Act No. 12575, May 14, 2014) and Article 69(2) of the former Criminal Act (amended by Act No. 12575, May 14, 2014

1. Determination on the assertion by the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act

1. The alleged D Co., Ltd. (hereinafter “D”) operated by the Defendant was unable to pay wages due to the contractor’s failure to pay the settlement of accounts and the financial difficulties due to the customer’s default. As such, there were circumstances under which the Defendant could not prevent the delayed payment of wages even if he/she fulfilled his/her own gender and efforts, and thus, there were grounds for dismissal of responsibility for violation of the Labor Standards Act.

2. The date of wages, retirement allowances, etc. prescribed in Articles 112 and 36 of the Labor Standards Act;

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