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Reasons
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(영문) 청주지방법원 2016.11.10 2016고단1089
근로기준법위반
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Defendant shall be punished by a fine of KRW 700,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

1. The Defendant of the 2016 Highest 1089 is the employer who runs the business of manufacturing boom site by employing 75 full-time workers as the representative of the (ju)C located in Jincheon-gun, Jincheon-gun, Chungcheongnam-gun.

Wages shall be paid in full directly to workers in currency.

Provided, That if there are special provisions in Acts and subordinate statutes or a collective agreement, part of wages may be deducted or paid by means other than currency.

Nevertheless, the Defendant, from October 18, 2008, did not pay the full amount of the wages of KRW 1,404,200, monthly wage of KRW 1,819,200, monthly wage of August 2015, and KRW 5,742,600, monthly wage of KRW 2,519,200, monthly wage of September 2015, as indicated in the list of crimes in attached Form, with regard to D who worked as the chief of the office at the above workplace from July 10, 2015.

2. "2016 Highest 2160" Defendant is an employer who employs 75 full-time workers as the representative of the (ju)C in Jincheon-gun, Chungcheongnam-gun, Chungcheongnam-do, and engages in the self-employed business of necop.

Wages shall be paid in full directly to workers in currency.

Nevertheless, the Defendant, from October 18, 2008 to October 18, 2008, did not pay the full amount of wages of KRW 1,276,830 on November 10, 2015 to D who worked as the chief of the office at the above workplace.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of the accused by the prosecution (including the E or D statement);

1. Each written petition filed by D;

1. Each trade name statement of D and E;

1. An investigation report (a copy of a report on non-compliance with the relief order submitted by D);

1. Application of Acts and subordinate statutes to labor contracts, work months, and wage specifications;

1. Articles 109(1) and 43 of the Labor Standards Act concerning criminal facts, and selection of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. It is so decided as per Disposition on the grounds of Articles 70(1) and 69(2) of the Criminal Act or above;

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