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(영문) 부산지방법원 2017.06.08 2016고정3963
근로기준법위반
Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Criminal facts

Some of the facts charged were corrected.

The defendant is the representative of the corporation C located in Busan-gu B and A 201, who ordinarily employs eight workers and operates a cleaning station business.

An employer shall directly pay wages in currency to workers in full, and shall pay wages on a fixed date at least once a month.

Nevertheless, on March 2016, the Defendant did not fully pay KRW 1,500,000 for workers D's wages in February 2016, and KRW 1,50,000 for workers E's wages in February 2016, and KRW 750,000 for workers F' wages in February 2016, respectively.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of statutes on the details of personal arrears attached to the police interrogation protocol against the accused;

1. Article 109 (1) and Article 43 of the Act on the Standards for Relevant Acts concerning facts constituting an offense and Articles 109 (Selection of Punishment) of the Labor Standards Act;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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