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(영문) 부산지방법원 동부지원 2014.05.19 2012고정1399
근로기준법위반
Text

Defendant shall be punished by a fine of KRW 700,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant is an employer who has performed the Kimhae-si Construction Work, and the employer shall pay wages, compensations, and all other money and valuables within 14 days thereafter, unless the due date is extended by agreement with the parties when the employee retires. The Defendant was working as another worker from September 3, 201 to September 9, 201 at the above construction site, and the Defendant did not pay 3.8,000 won, which is the aggregate of the wages of each individual, including D, etc., as of September 9, 201, within 14 days from the date of retirement, without any agreement on the extension of the due date for payment between the parties.

Summary of Evidence

1. Statements made by witnesses D and E in the fourth trial records;

1. Statement by the prosecution with respect to F (including the G substitute part);

1. Each G statement;

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

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. On April 1, 2011, the Defendant alleged that he/she transferred his/her authority over the above construction work to H on April 1, 201, and did not employ victims thereafter. However, according to the evidence examined by the court, the Defendant delegated his/her authority to manage the above construction work to G, who is both children after July 29, 201, and participated in the said construction work and recognized the fact that he/she employed victims through F, who is the head of the site office. Thus, the above assertion by the Defendant is without merit.

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