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(영문) 인천지방법원 2018.01.11 2016고정3543
근로기준법위반
Text

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

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

Reasons

Punishment of the crime

The defendant is an individual constructor who operates a construction business with eight full-time workers at the construction site of Nam-gu, Incheon Metropolitan City.

The Defendant did not pay KRW 1,650,000, total of C’s wages of KRW 1,200,000, and KRW 450,000,000, which worked in the above workplace from October 13, 2010 to October 29, 2010, within 14 days from the date of retirement without agreement between the parties to extend the payment deadline.

Summary of Evidence

1. Each legal statement of the witness C and D;

1. Application of 3 copies of written opinions on forwarding of the case and copies of the records

1. Article 109 (1) and Article 36 of the Act on the Standards for Relevant Acts concerning facts constituting an offense, and Articles 109 (1) and 36 of the Labor Standards Act, and selection of fines;

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. Articles 70 and 69(2) of the former Criminal Act (Amended by Act No. 12575, May 14, 2014);

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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