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(영문) 수원지방법원 안양지원 2016.12.15 2016고정560
근로기준법위반
Text

Defendant shall be punished by a fine of one million won.

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

Reasons

Punishment of the crime

The defendant was the representative director of the D Co., Ltd. in Gangnam-gu Seoul Metropolitan Government, who was engaged in the business of manufacturing and selling rash machinery by 25 regular workers.

Where an employer is dissatisfied with any order of remedy issued by a local Labor Relations Commission pursuant to the Labor Relations Commission Act, he/she may apply for reexamination to the National Labor Relations Commission within ten days from the date of receipt of notice of such order, and with respect to any decision of reexamination rendered by the National Labor Relations Commission, he/she may institute a lawsuit pursuant to the Administrative Litigation Act within 15 days from the date of receipt of the decision of reexamination, and with respect to the order of remedy,

The Defendant did not comply with some of the order of remedy (amount equivalent to wages) among the order of remedy, even though the order of remedy by the Gyeonggi Regional Labor Relations Commission became final and conclusive on July 10, 2015, with respect to an application for remedy against unfair dismissal by an employee E, who was dismissed as of February 16, 2015 while working in the said workplace.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes on the written accusation;

1. Relevant provisions of the Acts concerning facts constituting an offense, and Articles 111 and 31(3) of the Labor Standards Act selection of punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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

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