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(영문) 광주지방법원 2018.07.11 2018고정382
근로기준법위반
Text

A defendant shall be punished by a fine of 500,000 won.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is the representative director of the management office of the KM in the Seo-gu mining area D Building No. 301, who operates a construction business with ten full-time workers.

An employer may apply for review to the National Labor Relations Commission within ten days from the date when he/she is notified of an order of remedy issued by the Regional Labor Relations Commission pursuant to the Act, and may institute a lawsuit pursuant to the Administrative Litigation Act within fifteen days from the date when he/she is notified of an order of remedy, in relation to the determination of review.

An employer shall carry out a ruling on reexamination with the contents of a final remedy order.

Nevertheless, the defendant did not pay the amount equivalent to the worker F's wages even though the Re-Examination Decision, which issued by the Daejeon High Court on September 21, 2017, which ordered the National Labor Relations Commission to pay the amount equivalent to the wages during the period of dismissal, within 30 days.

Summary of Evidence

1. Partial statement of the defendant;

1. The Defendant asserts that: (a) the accusation, written adjudication, written report on the non-performance status, and written judgment [the Defendant] brought a lawsuit by F to seek payment of overdue wages when refusing reinstatement; (b) the conciliation was concluded on March 6, 2018 as a dispute in the amount of wages; (c) accordingly, the conciliation was completed on May 30, 2018; and (d) the order for remedy was fulfilled.

The purpose of criminal punishment for failure to comply with the final and conclusive remedy order is to temporarily resolve the lives of the workers who have not been paid wages due to unfair dismissal, etc., rapidly and simply, the amount equivalent to the wages that the employer could have received if they were to provide normal labor during the period of dismissal can be easily calculated, and even if there is a dispute in the amount of wages, the employer may be exempted from liability for failure to comply with the remedy order by paying or depositing the amount calculated by applying the standard of calculation with reasonable grounds for response.

According to the evidence, the defendant.

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