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(영문) 수원지방법원 2014.10.23 2014고단647
근로기준법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant did not pay the amount of KRW 3,500,000, monthly wage of KRW 3,500,000, monthly wage of June, 2013, monthly wage of KRW 3,500,000, monthly wage of KRW 10,500,000 among the parties concerned, without agreement on the extension of the payment date between the parties concerned, from December 22, 2007 to December 30, 2012.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of the Acts and subordinate statutes on witness G's statutory statement;

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

1. The dismissal part of the prosecution under Article 334 (1) of the Criminal Procedure Act

1. The Defendant, as a business operator engaging in the mid-term equipment leasing business from March 10, 2013 to August 12, 2013, was employed as a equipment engineer and was retired from office, and did not pay 28,800,000 won in total for four workers from the date of retirement within 14 days from the date of retirement without an agreement on the extension of the due date between the parties concerned, as shown in the attached list of crimes (except for this case No. 4).

2. Grounds for dismissing public prosecution: Articles 109(1), 36, and 109(2) of the Labor Standards Act; Article 327 Subparag. 6 of the Criminal Procedure Act (C, D, E, and F, respectively.)

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