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(영문) 의정부지방법원 2016.11.24 2016고정795
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 is a person who operates the (ju) He in G in terms of harmony and is an employer who engages in construction business with six full-time workers.

The Defendant did not pay KRW 4,335,00 to workers I who worked in the above H from May 1, 2015 to June 30, 2015, within 14 days from the date on which the cause for the payment occurred, without agreement between the parties to the contract on the extension of the due date.

Summary of Evidence

1. The defendant's legal statement (the statement on the fourth trial date);

1. Application of Acts and subordinate statutes to police statements (including attached documents) by I;

1. Article 109(1) and Article 36 of the Labor Standards Act concerning criminal facts and Articles 109(1) and 36 of the same Act concerning the selection of fines

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

1. The dismissal part of the prosecution under Article 334 (1) of the Criminal Procedure Act

1. In the facts charged, the Defendant is a person who runs the (ju) H in G at the time of integrified and is engaged in construction business by employing six full-time workers.

In addition, the Defendant did not pay KRW 1,040,000 to workers C who worked in the above H from July 16, 2015 to July 30, 2015, within 14 days from the date when the cause for payment occurred without an agreement on the extension of the payment date between the parties concerned, and did not pay the total of KRW 4,160,000 for four workers as stated in the separate crime list, as shown in the separate crime list, within 14 days from the date when the cause for payment occurred without any agreement on the extension of the payment date between the parties concerned.

2. Determination

(a) Crimes of non-compliance: Article 109 (2) of the Labor Standards Act;

B. On August 3, 2016, after the institution of the instant indictment, consideration is given to the following: (a) the employee D, E, and F expressed his intention not to punish each of the victimized workers at the time of the submission of the written petition to C, the representative of the employee at the time of the submission of the written petition, and (b) the C submitted a written application not to punish the Defendant.

Article 327 subparagraph 6 of the Criminal Procedure Act: Judgment dismissing each public prosecution

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