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(영문) 전주지방법원 2015.01.06 2014고단1339
근로기준법위반
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Criminal facts

The defendant is a user who runs bus transport business using 228 full-time workers as the D representative director of the limited company in Geumcheon-gu Seoul Metropolitan City.

Wages shall be paid at least once a month on a fixed date.

Provided, That this shall not apply to extraordinary wages, allowances, or other equivalents, or those wages as prescribed by the Presidential Decree.

Nevertheless, the Defendant did not pay the total amount of KRW 11,858,879 on April 1, 2014, as shown in the attached Table of Crimes, to eight employees, as well as KRW 11,858,879 on April 10, 2014, where he/she worked as a driver from February 1, 2004 at the above workplace, as well as KRW 1,979,220 on April 1, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes to a written request for submission of a written reply, written reply, or complaint;

1. Relevant Articles 109(1) and 43 of the Labor Standards Act and the choice of fines for 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 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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