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(영문) 광주지방법원 목포지원 2013.05.31 2013고단517
근로기준법위반
Text

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 a person who has employed approximately 55 full-time workers in the name of "limited company C" in Yong-Namnam A, and operates a shipbuilding business.

The Defendant, while working in the company from October 1, 201 to December 21, 2011, did not pay KRW 3,636,00 of D’s wages, within 14 days from the date of occurrence of the cause for payment without agreement between the parties on the extension of the due date for payment, and did not pay KRW 28,875,00,00 for total 16 workers within 14 days from the date of occurrence of the cause for payment, as described in attached Table 1, 6, 7, 9 through 11, 13, 15, 18, 20 through 23, 30, 40, without an agreement on the extension of the due date between the parties.

Summary of Evidence

1. Defendant's legal statement;

1. A complaint filed by E;

1. Application of Acts and subordinate statutes to work in a work log, a work log for a contact team, a daily work log, a work log for a put team, or a put team work log;

1. Relevant provisions of the Labor Standards Act and Articles 109(1) and 36 of the same Act concerning criminal facts (the amount of fine shall be determined in consideration of the fact that substitute payment has been made for F, G, H, I, J, K, and L, etc.) of the Labor Standards Act (the selection of fines, the recognition of and reflects on crimes, the fact that a fine is recognized, the fact that there is no same criminal record,

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 Criminal Act for the detention of a workhouse;

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

1. The Defendant in this part of the facts charged is a person who has employed approximately 55 full-time workers in the trade name of “limited company C” in Yong-Nam, Yong-gun, Jeonnam.

The Defendant, while working in the company from August 1, 201 to December 24, 2011, did not pay KRW 2,257,400, which was retired from the company, within 14 days from the date on which the cause for the payment occurred without an agreement between the parties on the extension of the due date for payment, as well as Nos. 2 through 5, 8, 12, 14, 16, 17, 19, 24 through 29, 31 through 39.

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