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(영문) 수원지방법원 2018.08.10 2018고단108
근로기준법위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

The defendant is the representative director of the Dispute Resolution Co., Ltd in Gangnam-gu Seoul Metropolitan Q, who has employed 20 full-time workers and performed the project of planting in the new construction site in Jinju-si.

The Defendant, from May 1, 2016 to November 30, 2016, had not paid KRW 4,455,000, total amount of T's wages, which was retired, within 14 days from the date of retirement, without agreement between the parties on the extension of the payment deadline, and had not paid KRW 6,452,040, total amount of wages for two workers, as shown in the attached list of crimes (1) as in the previous list of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police on P;

1. Each written petition;

1. Standard subcontract agreement for construction works;

1. Specifications of labor costs and an output report;

1. Application of Acts and subordinate statutes to the details of overdue debts;

1. Relevant legal provisions concerning facts constituting an offense, Articles 109(1) and 36 of the Labor Standards Act for the Selection of Punishment (the fact that the liquidation of gold is not possible), the selection of each fine (the fact that there is no criminal record of being subject to punishment except for confession, reflect, and punishment once by a fine, and that there is no record of being punished by a fine, and the fact that T receives a substitute payment of four million won out of the unpaid wage as a substitute payment, etc.);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The part dismissing a public prosecution under Article 334(1) of the Criminal Procedure Act against the order of provisional payment

1. The Defendant is the representative director of the company in Q Q in Gangnam-gu Seoul Metropolitan Government, who ordinarily employs 20 workers at a new construction site in Jinju-si.

The Defendant, while working at the aforementioned construction site from October 1, 2016 to December 10, 2016, did not pay the total of KRW 12,070,000 to C’s retired wages within 14 days from the retirement date without an agreement between the parties on the extension of the payment date, and did not pay the total of KRW 64,686,040 to 14 workers as shown in the attached list of crimes committed in the attached Table (2).

2...

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