logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 수원지방법원 안산지원 2014.11.11 2013고정90
근로기준법위반
Text

Defendant shall be punished by a fine of KRW 80,000.

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

Reasons

Punishment of the crime

The Defendant, as the representative of the DDR in Si interest-si, is an employer who conducts management business using six full-time workers, and the Defendant did not pay the total amount of KRW 7,012,860,00,000 as indicated in the attached crime list, including KRW 849,490, which was worked from September 9, 2009 to October 10, 201, as well as KRW 849,490, as indicated in the attached crime list.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of Acts and subordinate statutes to a written petition and a written statement;

1. Article 109(1) and Article 36 of the Labor Standards Act concerning criminal facts and Articles 109(1) and 36 of the same Act concerning the selection of fines

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. As to the defendant's assertion under Article 334 (1) of the Criminal Procedure Act, first of all, the defendant asserts that the representative of the D Union was changed to another person after March 31, 2013, and that he/she does not bear criminal liability. However, unless there is an agreement between the parties, the crime in the judgment does not reach the number of employees unless they are paid wages within 14 days from the date of withdrawal, and the subject of criminal liability is the "employer". Article 2 (1) 2 of the Labor Standards Act provides that "employer" refers to a business owner, a person in charge of business management, or a person who acts on behalf of the business owner with comprehensive delegation from the business owner for all or part of the business management (see, e.g., Supreme Court Decision 8Do1162, Nov. 22, 198), and the subject of criminal liability is the representative of the D Association, and thus, he/she does not accept the allegation of the defendant's claim.

In addition, the defendant receives management expenses from the members.

arrow