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(영문) 의정부지방법원 2013.12.05 2013고정1651
근로기준법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Criminal facts

The defendant is a D representative who was in C in South Yang-si and is an employer who runs a construction business (theme) using ten full-time workers.

The Defendant did not pay KRW 20,765,00, total amount of wages of KRW 2,785,00 of G from May 2, 2012 to August 12, 2012, as well as KRW 2,785,00, total amount of wages of KRW 11,00, workers indicated in the attached crime list (Provided, That “H” of No. 4 per year and “J” of No. 10 per year as “I,” and “K,” respectively) at the construction site located in Yongsan-gu Seoul Metropolitan Government, and worked from March 2, 2012 to August 12, 2012, within 14 days from the date on which the cause for the payment occurred, without any agreement between the parties on the extension of the payment deadline.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Application of business registration certificate and statutes on attendance status;

1. Article 109(1) and Article 36 of the Labor Standards Act concerning criminal facts and Articles 109(1) and 36 of the same Act concerning the selection 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;

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

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