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(영문) 전주지방법원 2016.11.18 2016고정634
근로기준법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is the representative of the State (State)D in Gyeyang-gu Seoul.

1. Unpaid wages shall be paid at least once a month on a fixed date;

Nevertheless, around August 10, 2015, the Defendant did not pay KRW 3,175,205 as wages of July 2015 of E-employee E working as a driver at the above company, and did not pay KRW 62,466,131 as wages of July 24, 2015, as stated in attached Table 1 of Crimes List 201.

2. Unpaid bonuses;

(a) The full amount of wages shall be paid directly to workers in currency;

Nevertheless, the Defendant, around July 20, 2013, did not pay KRW 2,122,280 as bonus for the second quarter of 2013 to E-employee working as a driver in the above company as well as KRW 25 workers employed in the above company as described in attached Table 2 of Crimes List 2, and paid KRW 78,408,410 in total as bonus for the second quarter of 2013 and bonus for the third quarter of 2013 as bonus payment date.

(b) Wages shall be paid in full directly to workers in currency.

Nevertheless, the Defendant, around October 20, 2015, did not pay KRW 2,062,280 to the employees E who worked as a driver in the above company as of October 20, 2015, and did not pay KRW 44,216,260 on the date of the payment of bonuses, as shown in the attached Table 3 of Crimes List 24 employees belonging to the above company, as of March 2015.

(c) Wages shall be paid in full directly to workers in currency.

Nevertheless, around October 20, 2015, the Defendant did not pay KRW 1,814,780 as bonus for the third quarter of 2015, 2015, and did not pay KRW 1,676,740 as bonus for the fourth quarter of 2015, around January 20, 2016.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to G, F, and H;

1. Each written petition;

1. A wage negotiation agreement;

1. Each report on investigation;

1. Each telephone, etc.;

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