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A defendant shall be punished by a fine of 400,000 won.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
The defendant is a person who operates a restaurant as the actual manager of CD located in Guang City.
From August 1, 2013 to November 21, 2013, the Defendant did not pay wages of KRW 1,680,00,00 in total, including KRW 140,000 for September 1, 2013, and KRW 1,40,00 for October 2013, and KRW 1,680,00 for November 201, 2013, within 14 days from the date of retirement without agreement on the extension of the due date between the parties.
Summary of Evidence
1. Partial statement of the defendant;
1. Legal statement of witness E;
1. Application of Acts and subordinate statutes on police statement to E;
1. Article 109 (1) and Article 36 of the Labor Standards Act applicable to criminal facts and Articles 109 (1) and 36 of the same Act;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The defendant and his defense counsel regarding the assertion of the defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act of the provisional payment order asserts that the defendant and his defense counsel have discontinued by their own waiver of wages, and the defendant thought that they did not have an obligation to pay wages due to waiver of wages, and that they
The employer and workers shall not receive wages of workers in agreement.
The waiver of this is invalid because it is against the working conditions set forth in the Labor Standards Act.
(See Supreme Court Decision 75Da801 Decided September 28, 1976. Meanwhile, if there is a ground for dispute as to the existence of the obligation to pay wages, etc., it shall be deemed that the employer has a reasonable ground to believe that the employer had the intent to commit the crime of violating the Labor Standards Act due to the failure to pay wages, etc. (see, e.g., Supreme Court Decision 2007Do1539, Jun. 28, 2007). However, as alleged by the Defendant, it shall be difficult to recognize that the employer had the intention to commit the crime of violating the Labor Standards Act due to the failure to pay wages, etc. (see, e.g., Supreme Court Decision 200