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(영문) 의정부지방법원 2014.08.07 2013고단2916
근로기준법위반
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Defendant shall be punished by a fine of eight 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 an employer who has employed not less than five full time workers to prepare for the opening of the "F convalescent Hospital" in Gyeonggi-gu E, and the written indictment is stated as "the defendant is the representative director of R Co., Ltd. in Q in Seongdong-gu, Seoul and is engaged in distribution business using 15 full-time workers." However, the issue was whether the defendant has an employment relationship as a G and H employer in relation to the preparation of the opening of the F convalescent Hospital, and the examination has been conducted. Therefore, even if the defendant is acknowledged as above without any amendment to the separate indictment, it is determined that the defendant's exercise of his right to defense would not be affected.

From May 1, 2012 to December 11, 2012, G workers who retired and were employed until December 2012, 5,500,00 won out of the wages of July 2012, wage of August 6, 500, wage of September 6,500, wage of October 6,500, wage of November 6,500, 33,806,450 won in total, wage of December 2, 2012, and 33,806,450 won in total among the retirement workers and were employed from July 4, 2012 to December 11, 2012, and did not pay the total amount of wages of September 2, 2012, wage of 3,00,000 won in total among the retirement workers and 4,00,30,305,000 won in total, and 13,04,000 won in each month.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of H and D;

1. Each police statement to H, D, G, I, and J [including a copy of each passbook attached thereto (Evidence No. 33 through 37 of the evidence record), each written confirmation (Evidence No. 38 of the evidence record);

1. Details of confirmation of each telephone, etc. (K, L, M, N,O, P);

1. Application of a real estate use contract (Evidence No. 144), management consulting agreement of a convalescent (Evidence No. 148, 149) (Evidence Records), application of the Acts and subordinate statutes of the Ministry of Strategy and Finance to verify overdue

1. Article 109 of the Labor Standards Act concerning criminal facts and the choice of punishment

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