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(영문) 부산지방법원 2019.02.13 2018고정1589
근로기준법위반
Text

1. The defendant shall be punished by a fine of five hundred thousand won;

2. If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant, who ordinarily employs up to seven workers and engages in construction business under the trade name “B”, was employed by the Defendant at the site of building extension works for D& companies located in Ulsan Nam-gu, Ulsan-gu, and was engaged in steel construction works for other workshops, etc., and was not paid within 14 days from each retirement date without agreement on the extension of the due date for payment for all seven workers, as shown in the attached Table, including the wage of up to 4.60,00 won from January 24, 2017 to January 25, 2017.

Summary of Evidence

1. Partial statement of the defendant;

2. Police suspect interrogation protocol of the accused (including F's statement description);

3. Statement of the police officer concerning G;

4. Each written statement of E and G;

5. A written petition;

6. Application of each Act and subordinate statutes to payment record of daily labor expenses and each copy of a subcontract agreement;

1. Relevant Articles of the Labor Standards Act and Articles 109 (1) and 36 of the same Act concerning criminal facts;

2. Aggravation of concurrent crimes as provided for in the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

3. Articles 70 (1) and 69 (2) of the Criminal Act to attract a workhouse.

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