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(영문) 의정부지방법원 고양지원 2015.06.05 2015고정178
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 an individual building business operator who has a domicile in Eunpyeong-gu Seoul Metropolitan Government and runs a construction business using five full-time workers.

The Defendant did not pay the total of KRW 1,00,000 paid monthly wages of October 2013, 2013 to November 8, 2013, and KRW 1,300,000 paid monthly wages of KRW 300,000 for November 2013, and KRW 1,300,000 for workers E who worked from September 30, 2013 to November 7, 2013, and KRW 1,00,00,000 for workers who worked from November 30, 2013, and KRW 25,000 for the total of KRW 25,00 for wages from November 2013 to KRW 1,25,00 for retirement workers from October 30, 2013; and KRW 1,300 for retirement workers to October 10, 208 without agreement between the parties to each contract.

Summary of Evidence

1. Defendant's legal statement;

1. A written petition;

1. Application of Acts and subordinate statutes;

1. Articles 109 (1) and 36 of the Labor Standards Act concerning facts constituting an offense;

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

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

1. Part concerning the dismissal of prosecution under Article 334 (1) of the Criminal Procedure Act;

1. The summary of the facts charged in this part of the facts charged is that the Defendant did not pay KRW 1,425,00,000, the total amount of KRW 1,425,000 as wages of October 2013, which was paid by workers B from September 30, 2013 to November 7, 2013, and KRW 1,425,000 as wages of November 2013, within 14 days from the date on which the cause for payment occurred without an agreement extending the payment due date between the parties concerned.

2. This part of the facts charged is a crime falling under Articles 109(1) and 36 of the Labor Standards Act, which cannot be prosecuted against the victim’s express intent under Article 109(2) of the Labor Standards Act.

According to the records, B prepared a written petition to the effect that the Defendant is not punished after the indictment of this case, and the above written petition is recognized to have been submitted to this court on May 20, 2015. Thus, Article 327 of the Criminal Procedure Act is recognized.

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