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(영문) 수원지방법원 여주지원 2013.11.08 2013고단644
근로기준법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is the representative of G Co., Ltd. located in Songpa-gu Seoul Metropolitan Government 601 and is an employer who runs a construction business with 20 full-time workers.

The Defendant did not pay 2,00 won, including the sum of 2,860,000 won in October 201, 2012, and 4,160,000 won in November 1, 2012, which had worked from October 4, 2012 to November 16, 2012 at the site of the Hampo-gun Hmpo-gun in Gyeonggi-do Hhmpo-gun, and the sum of 1,300,000 won in November 2012, as shown in the list of crimes in attached Table 1, to 10 workers, within 14 days from his/her retirement without any agreement on extension of the payment date between the parties.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement submitted by B and I;

1. Application of each relevant statute;

1. Relevant 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, Article 38 (1) 2, and the proviso of Article 50 and Article 42 of the Criminal Act;

1. The dismissal of public prosecution under Articles 70 and 69(2) of the Criminal Act

1. The Defendant in this part of the facts charged is the representative of G Co., Ltd. located in Songpa-gu Seoul Metropolitan Government 601 and engaged in construction business by ordinarily 20 workers.

The Defendant did not pay each wage of KRW 7,360,00 in total to workers B, C, D, and E, as indicated in the list of crimes in the attached Table 2, including KRW 1,260,000 in July 2012, 2012, which worked from June 12, 2012 to August 20, 2012 at the site of the tegrative management work site in Yangyang-gun-gun, Yangyang-gun, Gyeonggi-do H-gun, and KRW 7,360,00 in total for wage to workers B, C, D, and E, as indicated in the list of crimes in the attached Table 2, without any agreement between the parties on the extension of the payment deadline.

2. The facts charged in this case are crimes falling under Articles 109(1) and 36 of the Labor Standards Act, which cannot be prosecuted against the employee’s explicit intent pursuant to Article 109(2) of the same Act. According to the records, workers B, C, D, and E are prosecuted in this case.

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