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Reasons
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(영문) 서울북부지방법원 2015.07.30 2014고정2494
근로기준법위반
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Defendant shall be punished by a fine of 1.2 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is the representative of the F in Gangnam-gu Seoul Metropolitan Government E and is an employer who runs a construction business by using daily workers from time to time.

The Defendant worked at the H construction site located in Yangcheon-gu Seoul Metropolitan Government and worked from December 10, 2013 to December 31, 2013, and did not pay 2,050,000 won of the retired employee I’s wages within 14 days from the date of retirement, which is the date of the occurrence of the cause for the payment, without any agreement between the parties on the date of the payment, and did not pay 12,750,000 won of the total wages of 10 workers, who were retired from the said workplace as described in each of the provisions of Articles 1 through 7, 11, and 13 of the Attached Crimes List.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to J and I;

1. Each statement of B, K, and L;

1. Each written petition;

1. Application of a detailed statement of calculation of overdue wages;

1. Article 109(1) and Article 36 of the Labor Standards Act and the choice of fines for criminal facts;

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. The dismissal part of the prosecution under Article 334 (1) of the Criminal Procedure Act

1. The Defendant, as the representative of F in Gangnam-gu Seoul Metropolitan Government E, is an employer who runs a construction business by using daily employed workers from time to time.

The Defendant had worked at the H construction site located in Yangcheon-gu Seoul Metropolitan Government from December 24, 2013 to January 2, 2014, and had not paid KRW 1,800,000 of the retired workers C’ wages within 14 days from the date of retirement, which is the date of occurrence, without any agreement between the parties on the date of payment, and without any agreement on the date of payment, and there is no agreement on the date of payment between the parties.

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