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(영문) 부산지방법원 동부지원 2013.05.06 2012고정1573
근로기준법위반
Text

Defendant shall be punished by a fine of KRW 300,000.

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

Reasons

Punishment of the crime

The Defendant, as the representative director of the corporation D in Busan-gu, operated a specialized construction business (construction in place) by using 25 daily average workers, such as performing the Maritime Party E Kindergarten Remodelling. The Defendant worked from July 31, 2011 to September 4, 2011 at the above construction site and did not pay 1,575,000 won in total for four retired workers after September 201, as shown in the attached Table of the Money and Valuables in Arrears in Busan-gu, including the amount of wages 49,250 won in September 201.

Summary of Evidence

1. Each legal statement of witness F and G;

1. Period of service and details of overdue wages, and application of Acts and subordinate statutes on the ledger of daily labor expenses;

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

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