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(영문) 서울서부지방법원 2016.12.16 2016고정927
근로기준법위반
Text

Defendant shall be punished by a fine of KRW 700,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The defendant, as a personal building business entity, employs six full-time employees and is a user who has built the building stones of outer walls at the site of the construction of the apartment in Seocho-si.

The Defendant is working from April 1, 2015 at the construction site above, and is working.

Workers D, who retired from office around May 2015, have worked from April 4, 2014, 2250,000 won of wages of 2.250,000 won, and April 1, 2015.

In May 2015, a retired worker E's wage of 2.250,000 won on April 4, 2014 was not paid respectively 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. Defendant's legal statement;

1. Partial statement of witness D;

1. Application of any of the Acts and subordinate statutes described in D and E;

1. Articles 109 (1) and 36 of the Labor Standards Act concerning facts constituting an offense;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The portion not guilty under Article 334 (1) of the Criminal Procedure Act of the provisional payment order

1. The gist of this part of the facts charged is that the Defendant is working from April 1, 2015 to June 30, 2015 as indicated in the judgment at the construction site.

Labor for retired workers D’ wage of 1.4 million won in June 2014, and from April 1, 2015 to June 7, 2015.

A retired worker E's wage of 1.4 million won in June 2014 was not paid within 14 days from the date of retirement without any agreement between the parties on the extension of the due date.

2. According to the legal statement of the witness D and the evidence Nos. 1 (defluence) of the judgment witness D, ①, D, E, together with the Defendant’s employment from around April 1, 2015, provided labor to the construction site as stated in the judgment from around April 1, 2015, but the Defendant was not paid wages on April 1, 2015. As the Defendant was not paid wages, the provision of labor was suspended from May 2015, and ② The Jinhae Development Co., Ltd., which had been awarded a contract to the Defendant, prepared “Unfluence” to the effect that “D and E, etc. will pay wages.”

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