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(영문) 대구지방법원 2013.11.06 2013고정2299
근로기준법위반
Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is an individual constructor who operates the building B in Daegu Northern-gu 212 Dong 906, Dong C.

From September 18, 2012 to November 5, 2012, the Defendant did not pay KRW 6,625,000, total of KRW 1,625,000, and KRW 7,625,000, working at the construction site of four sites, such as the construction site of D golf courses, within the period from September 18, 201 to November 5, 2012, within 14 days from the date of retirement without agreement on the extension of the due date.

In addition, the Defendant did not pay the total of KRW 15,545,00 for F and G wages executed by the Defendant at the construction site as described below, within 14 days from each retirement date, without agreement on the extension of the due date.

Summary of Evidence

1. Each police interrogation protocol against the accused;

1. Each police statement of E and G;

1. Application of F’s authentic statutes;

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

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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