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(영문) 수원지방법원 2016.11.17 2016고정1374
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 the actual manager of C, a corporation in the wife population B, who ordinarily employs nine workers and engages in civil engineering facility construction business.

The Defendant, while working in the said workplace from March 21, 2015 to July 31, 2015, did not pay KRW 929,750 of D’s retirement on May 2015, 2015, and KRW 2,500,000 of the wage on June 2, 2015, and KRW 5,929,750 of the wage on July 2, 2015, within 14 days from the date of retirement without any agreement between the parties on the extension of the due date.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the suspect examination of some of the accused;

1. Statement of D police statement;

1. Each benefit ledger;

1. The Defendant asserts to the effect that “The head of the on-site team obtains consent from its employees, including D around March 2015, to receive only 60% reduced by 40% until the company conditions are good,” and accordingly, D paid 1,500,000 won (=2,500,000 x 60%) for each portion of wages on April 2015 and May 2015. As such, the Defendant’s unpaid wages to D are 3,00,000 won in total, including 1,50,000,000 won in June 1, 2015, and 1,50,500,000 won in total (2,64,380 won after taxation: 2,64,380 won).”

The following circumstances revealed by the prosecutor’s evidence, namely, ① the wage of D from April 2015 to July 2015, 12-15, the investigation records of the wage ledger entered as KRW 1,500,000 per month (i.e., 45-48 pages), 16 pages (i.e., the investigation records of the wage payment statement) and D, calculated and paid to D based on KRW 1,50,000 per month, and the investigation records of the transfer certificate on April 2015 and May 2015 (i.e., the investigation records of the transfer certificate on wages (i., e., 50-51 pages) are merely documents prepared by the defendant’s company or documents transferred to the defendant’s company (i.e., 50-51 pages). ② D is paid at the investigation agency for 60% later and 60% later on May 4, 2015.

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