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(영문) 서울동부지방법원 2014.11.21 2014고정1519
근로기준법위반
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Defendant shall be punished by a fine of three million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is an employer who resides in Gwangjin-gu in Seoul Special Metropolitan City and employs workers without a certain trade name and operates a personal construction business.

[2014 high-level 1519] The Defendant works at the construction site of a fertilizer factory in the Gyeong-gun, Gun, and Dong-gun, Gun-gun, Gun-gun, Gun-gun, from November 5, 201 to December 12, 2011.

A retired worker C’s wage of KRW 1,950,00 on November 1, 201 and wage of KRW 2,210,000 on December 201, 201 and KRW 27,50,000 on the total amount of money and valuables, such as wages of six retired workers, as described in the attached Table 1.3 through 8, the date of his/her retirement, was not paid within 14 days from the date of his/her retirement, without any agreement between each party on the extension of the due date.

[2014 high-level 1523] The Defendant is working at the construction site of a new private house in Yeongdeungpo-gu, Seoul Special Metropolitan City from February 2, 2011 to May 17, 2011.

A retired worker D’s wage of KRW 2,640,00 on April 201, and wage of KRW 1,500,000 on May 201, 201, and KRW 11,910,000 on the total wage of three workers as stated in the attached Table 2 of the Crimes List 2, were not paid within 14 days from the date of retirement without any agreement between each party on the extension of the due date.

Summary of Evidence

[2014 High Court Decision 1519]

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Submission of the daily allowance details (2014 high-level 1523);

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statements made to F and D;

1. Articles 109(1) and 36 of the Labor Standards Act and the choice of fines for 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 former Criminal Act (amended by Act No. 12575, May 14, 2014).

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

1. The summary of the facts charged is an employer who resides in Gwangjin-gu Seoul Special Metropolitan City, employs workers without a certain trade name, and operates an individual construction business, and two retired workers as shown in [Attachment 1] No. 1 and No. 2.

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