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(영문) 서울남부지방법원 2014.02.13 2014고정190
근로기준법위반
Text

Defendant shall be punished by a fine of 3.5 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 a representative director of (ju) E in Yangcheon-gu Seoul Metropolitan Government, who employs 13 full-time workers and operates agricultural and fishery products wholesale and retail business, etc.

The Defendant did not pay the total amount of wages of KRW 22,179,825 [ =24,215,025-1,025-1,69,700 ( workers B-865,500 ( workers C)] to eight workers who worked in the said workplace as described in the table of crime Nos. 1 through 8, as well as the amount of wages of KRW 1,188,00 on October 23, 2012 from September 24, 2012 to October 23, 2012.

Summary of Evidence

1. Statement by the defendant in court;

1. Examination protocol of the accused by prosecution;

1. Each police statement concerning G;

1. Statement of the police officer made to F, H, B, I, and J (Appellant);

1. Each petition filed by F, J, K, and G, and the chief of a complaint;

1. A detailed statement of benefits;

1. Business registration certificate;

1. A detailed statement of modification of the status of benefits;

1. Report on acquisition of investigation data (certificate of contract for transfer or takeover);

1. A report on the results of an investigation;

1. Investigation report (to hear statements from complainants and reference witnesses);

1. An investigation report (to hear M Call Statements for Witnesses);

1. Investigative report (report on interview with suspects, complainants and petitioners);

1. Application of investigation reports (Listening to statements by a suspect and a representative telephone of the complainant) Acts and subordinate statutes;

1. Relevant Articles of the Labor Standards Act and Articles 109 (1) and 36 (Selection of Fine) of the Labor Standards Act concerning facts constituting an offense;

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 to attract a workhouse;

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

1. The Defendant, as the representative director of (ju) E in Yangcheon-gu Seoul Metropolitan Government D branch, is an employer who employs 13 full-time workers and operates wholesale and retail business of agricultural and fishery products.

The Defendant worked at the pertinent workplace as set out in the [Attachment] List 9,169,700 won, as well as the wage 1,169,700 won in October 1, 2012, which was worked from September 18, 2012 to October 9, 2012.

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