logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2018.06.20 2017고단4448
근로기준법위반
Text

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

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

Reasons

Punishment of the crime

The Defendant is an employer who is engaged in construction business by employing 13 full-time workers at the site of the new construction of accommodation facilities located in Gyeonggi-gu, Gyeonggi-do. The Defendant was an employer who was engaged in construction business by employing 13 full-time workers. From November 14, 2016 to December 4, 2016, the Defendant did not pay 12 workers total wages of KRW 17,930,000 as indicated in the attached list of crimes, including KRW 70,000,000, which were retired from office, within 14 days from the date of each retirement, although there was no agreement between the parties on the extension of the payment date.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement law to D and B;

1. Article 109 (1) and Article 36 of the Act on the Standards for Relevant Acts concerning facts constituting an offense, and Articles 109 (1) and 36 of the Labor Standards Act, and the choice of fines;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. Legal penalty: A fine not exceeding 30 million won;

2. Determination of sentence: Determination of sentence: the fact that the accused is against a fine of two million won; the amount of unpaid wages; the fact that payment of the unpaid wages to B representing some of the workers is deemed to have been made; the details of overdue payment of wages; the background of overdue payment of wages; the same kind of electricity (one time a penalty); and other conditions of sentencing, including criminal records; and all other conditions of sentencing shall be determined as per the order;

Rejection of Public Prosecution

1. The summary of the facts charged is an employer who runs a construction business by employing 13 full-time workers at the site of new construction of accommodation facilities located in Gyeonggi-gun, Gyeonggi-gu, and the Defendant did not pay the total of KRW 1,650,000 of the wages of B retired from the said site from November 19, 2016 to December 6, 2016, as shown in attached Table 8, as shown in attached Table 8, within 14 days from the date of retirement, even though there was no agreement between the parties on the extension of the payment date.

2. Grounds for dismissing public prosecution;

(a) Applicable legal provisions: Articles 109(1) and 36(b) of the Labor Standards Act;

arrow