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(영문) 수원지방법원 2017.09.06 2017고정1240
근로기준법위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

The defendant is the actual manager of E in 1102 Dong 103, who runs a construction business with nine full-time workers.

1. The Defendant did not pay the F’s wages of KRW 2,080,00, which was worked from September 7, 2015 to October 20, 2015 at the said workplace, within 14 days from the date of retirement without agreement between the parties to the extension of the payment deadline.

2. When concluding a labor contract with F on September 7, 2015, the Defendant did not deliver to the employee a written document specifying matters regarding the working conditions, such as the composition of wages, the method and method of calculating wages, prescribed working hours, holidays, and annual paid leaves.

Summary of Evidence

1. The defendant's legal statement (as at the third public trial date);

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes to report on investigation data;

1. Relevant legal provisions of facts constituting an offense, Articles 109(1) and 36 of the Act on the Standards for Selective Labor, Article 114 Subparag. 1, Article 17 of the Labor Standards Act (a point where wages are not paid), and selection of fines for negligence;

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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