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Reasons
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(영문) 인천지방법원 2013.10.17 2013고단1834
근로기준법위반
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A defendant shall be punished by a fine of 400,000 won.

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

Reasons

Punishment of the crime

The defendant is a representative of the D company located in Gyeyang-gu Incheon Metropolitan City 3 Dong 609, and is a user who operates a steel-frame business using six full-time workers.

From August 1, 2011 to August 28, 2012, the Defendant, at the same place of business, did not pay KRW 1,680,000 from the date of retirement within 14 days from the date of retirement without agreement between the parties to the extension of the due date for payment.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness B;

1. Application of Acts and subordinate statutes of a written confirmation of work facts (10 pages, 27 pages, 37 pages of evidentiary records);

1. Articles 109 (1) and 36 (Selection of Punishment of Fines)

1. The summary of the facts charged in the facts charged in the instant case under Articles 70 and 69(2) of the Criminal Act, excluding the facts charged in the instant indictment, is that the Defendant did not pay the said B wages of KRW 5,320,000 as the sum of the wages of KRW 1,120,000 in August 201, and the wages of KRW 2,700,000 in September of the same year, and KRW 1,500,000 in October of the same year without agreement between the parties to the extension of the due date for payment.

Defendant

In full view of the respective statutory statements and the commitment to pay personnel expenses (Evidence No. 11, 28, and 38) of the witness and witness B, the fact that the Defendant was not paid KRW 5,320,000 in total until October 201, as stated in the above facts charged, is recognized.

However, according to each evidence of the judgment, the defendant agreed to pay the total amount of 5,320,000 won to B at the same time as the lawsuit for receiving the construction cost that the defendant employed and did not receive between B and B on October 30, 2011, and at the same time, the defendant agreed to pay the above total amount of 5,320,000 won to B. On November 8, 201 of the same year, a notary public has completed the authentication of the above agreement at the law firm Dong-dong. In full view of this, the above total amount of wages is KRW

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